Title of Rule and Other Identifying Information: Chapter 246-272A WAC, Onsite sewage systems.

This chapter contains the design, installation and
operation requirements for onsite sewage systems handling
3,500 gallons per day and under; specific criteria for
proprietary product registration; and direction to local
health jurisdictions to develop a written onsite sewage system
management plan.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Changes have been
made to several sections of the original proposal.

•

WAC 246-272A-0015 Local management and regulation,
detailed planning is limited to the twelve Puget
Sound counties, a due date of July 2007 is added for
plan completion, and other clarifying language is
made.

•

WAC 246-272A-0234(8) Design requirements -- Soil
dispersal components, in certain circumstances, the
supplemental proposal will allow a reduction in land
area if a higher level of treatment is used. The
SBOH made this change in response to comments that
some lots with sandy soils would become unbuildable
as a result of changes to the soil descriptions
combined with changes to loading rates.

•

WAC 246-272A-0270 (1)(k) Operation and
maintenance -- Owner responsibilities, the
supplemental proposal clarifies that the requirement
to provide maintenance records at the time of sale
applies only if the records are available.
Reference is made to chapter 64.06 RCW for
consistency with real estate disclosure
requirements.

•

WAC 246-272A-0320 Developments, subdivisions and
land area requirements, the supplemental proposal
reverts to the Method I minimum lot sizes listed in
the current rules, WAC 246-272-20501. The local
health officer is given discretion to require larger
lots if nitrogen is a concern.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Briefly Describe the Proposed Rule: There are
currently more than 800,000 onsite sewage systems (OSS), or
septic systems, in Washington state. Between 15,000 and
20,000 new or repair systems are installed annually.
Approximately 30% of new homes across the state are built
using an OSS. These numbers demonstrate that OSS are
increasingly becoming a long-term and important option in
wastewater infrastructure planning. However, if they are not
properly designed, installed, operated, and maintained, OSS
can pose risks to public health and the environment.

Pathogens in wastewater can cause serious illness. These
pathogens include hepatitis, E coli, typhoid, noroviruses, and
cryptosporidium. The United States Environmental Protection
Agency (USEPA) estimates 168,000 viral illnesses and 34,000
bacterial illnesses occur each year as the result of
consumption of improperly treated drinking water. The
shellfish industry in Washington state with reported 2002
values of $76 million [worth] commercial shellfish and $35.7
million worth of recreational shellfish, as well as tourism
and recreation industries, depend on clean water.

A 1999 study cited in the 2002 EPA Onsite Sewage Manual
(EPA, 2002) reported OSS failure rates from twenty-eight
reporting states. The study indicated a 33% failure rate in
Washington state, compared to a range of 1 to 60% in the other
twenty-seven states. The EPA 2002 manual cites reports that
identify OSS among the most common sources of water
contamination.

The SBOH promulgates minimum standards for the design,
installation, operation, and maintenance of OSS in order to
prevent these risks. The rules containing these standards,
chapter 246-272 WAC, were last revised in 1994 (became
effective in 1995). Since that time, technology has changed,
more research has been conducted, and understanding of the
treatment capabilities of soil has increased. These advances
help to increase the life expectancy of OSS and decrease the
number of failures and hence, the public health risks
associated with failures. The rules need to be revised and
updated to reflect these advances.

The proposed rules will create a new chapter exclusively
for OSS systems designed for fewer than 3,500 gallons per day.
They are based on recommendations by the Rule Development
Committee (RDC), a stakeholder group including industry,
consumers, regulators, developers, and environmental
representatives. Their initial recommendations were modified
based on input received through public workshops and public
comment. DOH final recommendations to the SBOH include
changes to the rules in the following categories:

•

Product registration. DOH maintains a list of
products that meet public health standards.
Products must be registered with the state before
they can be used by designers or allowed by local
health jurisdictions. These new sections will place
in rule the specific criteria for this registration
that, until now, has been contained in guidance.

•

Technical design, installation and operation
requirements for systems designed to handle under
3,500 gallons per day. Local health jurisdictions
implement these portions of the rules as minimum
requirements but may adopt more stringent codes to
meet local needs. These changes include new
requirements for treatment levels, distribution of
effluent, use of disinfection, and designing systems
to be more assessable.

•

Local planning/Operation and Maintenance (O&M).
Local health jurisdictions must write a plan for how
and where OSS will be used in their jurisdictions.
In addition, owners are responsible for assuring a
complete inspection of their system every three
years, as opposed to only checking the solids in
their septic tank. Certain systems will be required
to have an annual inspection.

The first two items contain changes that will directly
affect businesses. For the third item, the direct cost will
be to the local health jurisdictions and system owners. Only
the first two items are considered in this small business
economic impact statement.

2. Is a Small Business Economic Impact Statement (SBEIS)
Required for This Rule? Yes. The Regulatory Fairness Act
requires a small business economic impact statement be
prepared if a proposed rule will impose more than minor impact
on businesses in an industry. This proposal contains a number
of changes that will impact businesses in this state. Some
changes will be minor, but others are beyond the minor impact
threshold.

3. Which Industries are Affected by This Rule? The
following industries (Table 1) may be directly affected by
different provisions in this proposal. These industries are
the first round recipients of the costs. However, they likely
will pass increased costs on to property owners. Since these
rules apply to all new OSS systems, any business constructing
a building to house their operation will be impacted in much
the same way as home/property owners. Some examples of the
impact of the new OSS proposed rule changes are provided in
the significant analysis.

Table 1

SIC

Affected Industry

Average
Employment,
Small
Businesses

Average
Employment,
Largest 10%

1521

Single family
housing construction

4.1

14.3

1522

Residential
Construction NEC

8.7

28.9

1542

Nonresidential
Construction NEC

7

60

6552

Developers

5.5

25.6

1711

Plumbing, heating,
air conditioning
(Installers)

7.6

38.2

8711

Engineering services
(Engineers,
Designers)

6.8

65

3089

Septic Tank
Manufacturers,
(Plastics not
elsewhere classified)

9.5

158

3272

Septic Tank
Manufacturers,
(Cement not
elsewhere classified)

9

136

3999

Proprietary Product
Manufacturers

5.7

53.5

This proposal will positively affect some industries
including the shellfish, tourism, and recreation industries by
either directly increasing their sales, or indirectly
improving the quality of water on which their industry relies.

4. What are the Costs of Complying with This Rule for
Small Businesses (Those with Fifty or Fewer Employees) and for
the Largest 10% of Businesses Affected? The sections listed
below have potential costs of compliance to businesses. The
costs listed are per system costs and therefore are the same
for large or small businesses. Detailed cost estimates and
discussion can be found in the significant analysis document.

Estimated that permit costs
charged by local health
jurisdictions will range from
$750 -$2000. However, this is
an optional cost.

10

(-0175) Transition
from Experimental
Systems Program to
Application for
Product Registration

$300 - time to prepare
application.

Developers, Builders, Property Owners

11

Permits not required in
certain situations-

(-0200(2))

Cost Savings - $50 to $500 in
potential permit and design
costs.

12

Changes to horizontal
setback table (-0210)

Variable cost.

13

-0220 Soil and Site
Evaluation

Changes to Soil
Classification Table V

In some situations this will
increase cost because of
increased Treatment Level
requirements. Other changes
will increase the size, and thus
the cost, of the drainfields.
Range of impacts $0 to $5,000.

14

(1)(a) Homeowners
along marine
shorelines are no
longer allowed to
design their own
systems. -0230

$500-$750 per system.
(However, this should already be
standard practice, so very likely
there is no increase associated
with this change.)

25

Installers must obtain
approval from local
health officer and
designer before any
changes to the
approved design
(-0250)

$100 in time to get approval.
However, this change provides
new flexibility from the current
rule which requires the installer
to follow the approved design
without change. This is also
consistent with DOL
requirements for designer
activities.

26

Record Drawing -0265

New detail and specificity for
record drawings will increase the
time to prepare. Likely to
increase time spent by the
person preparing by 1-2 hours
estimated to be $100-$250.

27

Repair of Failure
-0280

$0 - $5,000

The rule imposes costs on different entities although it
is likely that most costs will ultimately be borne by property
owners. The following discussion provides an analysis of the
costs of compliance for the various impacted industries.

Proprietary Product Manufacturers - All proprietary
products must be on the "registered list" maintained by DOH.
For manufacturers of new treatment products and manufacturers
wishing to be listed for Treatment Levels A, B, C or D (see
significant analysis), this will require testing by an ANSI
certified lab. The costs for the various types of systems are
listed in Table 2 and also discussed in the significant
legislative analysis. For proprietary distribution products,
manufacturers will need to provide verification from a
professional engineer that the product meets the standards
established in the rule. See costs in Table 2. In addition,
all manufacturers will need to complete the registration
application. The department estimates it will take several
hours to gather the materials necessary to complete the
application. Estimated administrative labor cost is $300 for
the initial application and $50 per year to complete the
renewal process.

All manufacturers currently approved by DOH will need to
become registered. While most manufacturers will not need to
go through testing again, they will need to fill out the
registration application. Again, this will entail completing
the application provided by the department. The estimates are
the same as those listed above for new products.

Manufacturers have to bear the initial costs of product
development and testing. The testing requirements ensure that
sewage does not contaminate drinking water. With a uniform
standard for these products, the market will be fairly open to
competition. Considering the 9,642 building permits issued in
the first quarter of 2004 in Washington state and 9.5% change
compared to the first quarter of 2003 (Washington Center for
Real Estate Research, http://www.cbe.wsu.edu/~wcrer/), there
seems to be sufficient market demand for efficient and
effective products. Because national standards are being
used, the department anticipates manufacturers will have a
national market available to help them recoup the costs of
product development and testing.

Moreover, by setting standards for testing, the proposed
rule will help assure safety and effectiveness on the
production-supply side of the market. This means that product
capabilities will be established before a system is marketed
and installed. This provides a less expensive and more
efficient method for assuring system performance capabilities
rather than continual monitoring of each system. (Regular
monitoring required in -0270, helps to provide information on
field performance.)

Designers and Engineers - Designers are responsible for
working with a client to develop an onsite sewage system that
meets the needs of the client and the requirements of the
rules for soils, location, and treatment. The costs of
compliance for designers include:

•

Becoming familiar with the new design requirements
in the rules which may require training. The
department estimates it could take sixteen hours of
training or study of the rules to become familiar
with the new requirements.

•

The requirement to consider sewage quality in
addition to quantity. It is expected that this
requirement could add up to one hour to the time to
design a system.

•

New specificity for record drawings. The new
requirements may take an additional 1-2 hours of a
designer's time.

DOH estimates the cost of a designer's time to be $50 to
$125 per hour. This means the initial costs of learning the
new requirements could cost in the range of $800 to $2,000 (16
hrs. x $50.00 = $800.00; 16 hrs. x $125.00 = $2,000.00).

The ongoing costs per design listed above could add up to
a total of three hours for each system. DOH anticipates the
time will be reduced as designers become more practiced in
applying the new requirements. Initially these labor costs
could be in the range of $200 to $500. DOH anticipates this
cost will be passed on to the system owner. However, it could
result in lost revenue to a designer who is unable to pass the
cost to the OSS purchaser.

Installers - Installers are responsible for using the
design developed by the designer to construct an onsite sewage
system on a particular site. The costs of compliance for
installers include research and training to become familiar
with the requirements of the new rules. The department
estimates this will require eight hours of training or
individual study. The department further estimates the cost
of an installer's time to be $50 to $125 per hour. There
should not be any increased administrative, equipment, or
supply costs.

Developers - All of the technical changes are likely to
impact developers as they create homes, subdivisions, business
parks, etc. The technical changes include changes to the
treatment levels, soil types and hydraulic loading rates,
vertical separations, designing systems for accessibility, and
limits on the use of disinfection. The costs and benefits of
the specific technical design changes are discussed in the
significant analysis and summarized in Table 3. Some of the
proposed changes will impose new costs in certain situations.
Other changes will mean a reduction in costs. The changes
apply on a site-by-site basis, depending on the limitations
and sensitivities of the site. Currently, OSS range in cost
from $5,000 for a fairly basic system up to $20,000 for a
complex system. Overall the cost for the majority of systems
will continue to be in this range. New design requirements
for OSS in the worst case scenario can increase the total
costs in some situations by as much as $5,000 or more (see
significant legislative analysis). Ultimately, this can
increase the cost of houses or other buildings and may result
in loss of revenue for developers if they are unable to pass
the cost on to the purchaser.

There are no other administrative, equipment or labor
costs incurred by developers as a result of this rule
revision.

Developers, builders, and installers are among those who
bear the first round of costs associated with the proposed
rule. Although developers will most likely pass the extra
costs to homeowners, their financial return may be reduced if
the number of lots in a new subdivision is reduced.
Considering the fact that the price of a median home went up
8.3% during 2003 (Washington Center for Real Estate Research,
http://www.cbe.wsu.edu/~wcrer/), there may be a possibility
for the developers/builders to maintain their profit margins
and spread the extra costs among property buyers.

Other Affects of the Proposed Changes: The industries
listed in Table 1 are those industries most directly affected
by the proposed rules. These industries all pass the
increased costs on to system owner. Therefore, any business
that builds a structure with an OSS will potentially face
increased costs as a result of the proposed rule changes.
Commercial property owners (grocers, retailers, processors,
etc.), like homeowners, are the majority of impacted parties.
For them, the value of improved public health is the factor
that compensates for their cost shares of the proposed rules.
In addition, a properly operated and maintained OSS system has
a greater probability for long lasting life. This not only
minimizes personal and community health risks, but also
promises a reliable system with less likelihood of having to
be replaced. An efficient OSS system also increases the
resale value of their houses and businesses. Compared to the
$210,000 median price of houses in Washington state
(Washington Center for Real Estate Research,
http://www.cbe.wsu.edu/~wcrer/), the share of the costs of the
most expensive OSS system ($6,000 to $20,000) is not more than
10% of the total development cost.

Several proposed changes will increase demand for some
services.

•

WAC 246-272A-0270 contains the requirements for
system monitoring inspections. This will likely
increase the demand for monitoring and maintenance
service providers. Although the rule does not
require the homeowner to use an outside service
provider to monitor their system, many owners may
choose to hire a professional to provide this
service.

•

WAC 246-272A-0230 now prohibits the homeowner from
designing a system along a marine shoreline.
Likewise, WAC 246-272A-0250 prohibits the homeowner
from self-installing a system along a marine
shoreline. This will increase demand for designers
and installers in these situations.

5. Does the Rule Impose a Disproportionate Impact on
Small Businesses? Yes. The italicized rule components in
Table 2 are likely to impose a disproportionate cost on small
businesses. Although costs for some of these components will
probably be higher for large businesses, the fixed-cost nature
of many of these items suggests that costs will be
disproportionate for small businesses. Ultimately, all these
costs will be borne by system owners. However, large
businesses may be able to absorb some costs or spread costs
out over a larger volume of sales while smaller businesses
will have to pass the costs on more fully to consumers.

Again, although it is unknown how many or which
businesses will be affected, ultimately, small business owners
who are served by an OSS will be disproportionately affected
compared to large businesses served by an OSS.

6. If the Rule Imposes a Disproportionate Impact on Small
Businesses, What Efforts were Taken to Reduce that Impact (or
Why is it Not "Legal and Feasible" To Do So)? In developing
its recommendations, the RDC considered the costs to both
businesses and homeowners in its discussions. Many proposals
were rejected because they were considered to be overly
burdensome.

For the most part, it is not feasible to attempt to
reduce the impact on small businesses because the rules are
written so that the requirements are commensurate with the
public health risk posed by a specific site. Many proposals
apply only in limited situations or for the most sensitive
sites. Trying to further reduce the impact to small
businesses would begin to jeopardize public health protections
and would be counter to the legislature's directives to the
State Board of Health contained in RCW 43.20.050.

That being said, efforts have been taken to reduce the
impact as much as possible:

(a) Reducing, modifying, or eliminating substantive
regulatory requirements: A local health officer may waive a
specific requirement if it is possible to ensure adequate
public health protection. Usually this is done through some
form of mitigation. This allows local health to have the
flexibility to adjust requirements, allow less costly
alternatives, and create incentives for mitigation.

(b) Simplifying, reducing, or eliminating record keeping
and reporting requirements: The original RDC proposal
required a notice to title be filed at the time of the final
installation inspection. We received many comments that this
was an overly burdensome requirement on designers; thus, it
was removed from the final draft proposal.

Another reporting requirement discussed by the RDC was an
operation and maintenance report being given to the local
health officer by the homeowner or service provider. Some
felt this was an important requirement to assure inspections
were done. However, the additional burden placed on service
providers, homeowners and local health jurisdictions was too
great and so this requirement was not included in the final
proposal.

(c) Reducing the frequency of inspections: N/A.

(d) Delaying compliance timetables: For the product
registration portions of the rule, manufacturers that are
already on the list of approved products and systems will have
eighteen months to become registered and in most cases will be
able to use the testing information they already have to
comply with the registration requirements.

For the portions of the rule that will be implemented by
local health jurisdictions, including the design and
installation requirements, there will be an eighteen month
delay in the effective date. This will provide time for local
health jurisdictions and the industry to become familiar with
the new requirements before they are effective.

(e) Reducing or modifying fine schedules for
noncompliance: N/A.

(f) Other mitigation techniques: The department intends
to provide free training to designers, installers, maintenance
service providers and local health jurisdictions to mitigate
the costs associated with becoming familiar with the new
requirements.

7. How are Small Businesses Involved in the Development
of This Rule? The Rule Development Committee (RDC) was a
broad-based stakeholder group that made recommendations for
rule changes to the department and the SBOH. Designers,
installers, proprietary product manufacturers, the Building
Industry Association of Washington and shellfish growers were
all represented on the RDC. In addition, DOH held seven
workshops around the state to gather comments from industry.
Many comments and suggestions from those workshops are
reflected in the final draft.

(3) The state board of health is authorized under RCW 43.20.050 to establish minimum requirements for the department
of health and local boards of health, and consistent with RCW 43.70.310 integrating the preservation of public health with
protection of the environment in order to endorse policies in
common.

(4) This chapter is intended to coordinate with other
applicable statutes and rules for the design of on-site sewage
systems under chapter 18.210 RCW and chapter 196-33 WAC.

(5) This chapter is intended to coordinate with other
applicable statutes for land use planning under chapters 36.70
and 36.70A RCW, and the statutes for subdivision of land under
chapter 58.17 RCW.

[]

NEW SECTIONWAC 246-272A-0005
Administration.
The local health
officers and the department shall administer this chapter
under the authority and requirements of chapters 70.05, 70.08,
70.118, 70.46, and 43.70 RCW. RCW 70.05.060(7) authorizes
local health officers to charge fees for the administration of
this chapter.

"O&G" (formerly referred to as FOG) means oil and grease,
a component of sewage typically originating from food stuffs
(animal fats or vegetable oils) or consisting of compounds of
alcohol or glycerol with fatty acids (soaps and lotions).
Typically expressed in mg/L.

"TSS" means total suspended solids, a measure of all
suspended solids in a liquid, typically expressed in mg/L.

"USEPA" means United States Environmental Protection
Agency.

(2) Definitions used in this chapter:

"Additive" means a commercial product added to an on-site
sewage system intended to affect the performance or aesthetics
of an on-site sewage system.

"Approved" means a written statement of acceptability
issued by the local health officer or the department.

"Bed" means a soil dispersal component consisting of an
excavation with a width greater than three feet.

"Building sewer" means that part of the horizontal piping
of a drainage system extending from the building drain, which
collects sewage from all the drainage pipes inside a building,
to an on-site sewage system. It begins two feet outside the
building wall and conveys sewage from the building drain to
the remaining portions of the on-site sewage system.

"Cesspool" means a pit receiving untreated sewage and
allowing the liquid to seep into the surrounding soil or rock.

"Conforming system" means any on-site sewage system or
component, meeting any of the following criteria:

(a) In full compliance with new construction requirements
under this chapter; or

(b) Approved, installed and operating in accordance with
requirements of previous editions of this chapter; or

(c) Permitted by the waiver process under WAC 246-272A-0420 that assures public health protection by higher
treatment performance or other methods.

"Cuts and/or banks" means any naturally occurring or
artificially formed slope greater than one hundred percent
(forty-five degrees) and extending vertically at least five
feet from the toe of the slope to the top of the slope as
follows:

"Department" means the Washington state department of
health.

"Designer" means a person who matches site and soil
characteristics with appropriate on-site sewage technology.
Throughout this chapter this term applies to both on-site
sewage treatment system designers licensed under chapter 18.210 RCW and professional engineers licensed under chapter 18.43 RCW.

"Design flow" means the maximum volume of sewage a
residence, structure, or other facility is estimated to
generate in a twenty-four-hour period. It incorporates both
an operating capacity and a surge capacity for the system
during periodic heavy use events. The sizing and design of
the on-site sewage system components are based on the design
flow.

"Development" means the creation of a residence,
structure, facility, subdivision, site, area, or similar
activity resulting in the production of sewage.

"Disinfection" means the process of destroying pathogenic
microorganisms in sewage through the application of
ultraviolet light, chlorination, or ozonation.

"Drainrock" means clean washed gravel or crushed rock
ranging in size from three-quarters inch to two and one-half
inches, and containing no more than two percent by weight
passing a US No. 8 sieve and no more than one percent by
weight passing a US No. 200 sieve.

"Effluent" means liquid discharged from a septic tank or
other on-site sewage system component.

"Expanding clay" means a clay soil with the mineralogy of
clay particles, such as those found in the
Montmorillonite/Smectite Group, which causes the clay
particles to expand when they absorb water, closing the soil
pores, and contract when they dry out.

"Expansion" means a change in a residence, facility,
site, or use that:

(a) Causes the sewage quantity or quality to exceed the
existing design flow of the on-site system, for example, when
a residence is increased from two to three bedrooms or a
change in use from an office to a restaurant; or

(b) Reduces the treatment or dispersal capability of the
existing on-site sewage system or the reserve area, for
example, when a building is placed over a reserve area.

"Extremely gravelly" means soil with sixty percent or
more, but less than ninety percent rock fragments by volume.

"Failure" means a condition of an on-site sewage system
or component that threatens the public health by inadequately
treating sewage or by creating a potential for direct or
indirect contact between sewage and the public. Examples of
failure include:

(a) Sewage on the surface of the ground;

(b) Sewage backing up into a structure caused by slow
soil absorption of septic tank effluent;

(c) Sewage leaking from a sewage tank or collection
system;

(d) Cesspools or seepage pits where evidence of ground
water or surface water quality degradation exists;

"Fecal coliform" means bacteria common to the digestive
systems of warm-blooded animals that are cultured in standard
tests. Counts of these organisms are typically used to
indicate potential contamination from sewage or to describe a
level of needed disinfection. Generally expressed as colonies
per 100 ml.

"Gravelly" means soils with fifteen percent or more, but
less than thirty-five percent rock fragments by volume.

"Gray water" means sewage from bathtubs, showers,
bathroom sinks, washing machines, dishwashers, and kitchen
sinks. It includes sewage from any source in a residence or
structure that has not come into contact with toilet wastes.

"Ground water" means subsurface water occupying the zone
of saturated soil, permanently, seasonally, or as the result
of the tides. Indications of ground water may include:

(a) Water seeping into or standing in an open excavation
from the soil surrounding the excavation or monitoring ports.

(b) Spots or blotches of different color or shades of
color interspersed with a dominant color in soil, caused by
reduction and oxidation of iron. These color patterns are
redoximorphic features, commonly referred to as mottling.
Redoximorphic features often indicate the intermittent
presence of ground water and may indicate poor aeration and
impeded drainage. Also see "water table."

"Holding tank sewage system" means an on-site sewage
system which incorporates a sewage tank without a discharge
outlet, the services of a sewage pumper/hauler, and the
off-site treatment and disposal for the sewage generated.

"Hydraulic loading rate" means the amount of effluent
applied to a given treatment step, in this chapter expressed
as gallons per square foot per day (gal/sq.ft./day).

"Industrial wastewater" means the water or liquid carried
waste from an industrial process. These wastes may result
from any process or activity of industry, manufacture, trade
or business, from the development of any natural resource, or
from animal operations such as feedlots, poultry houses, or
dairies. The term includes contaminated storm water and
leachate from solid waste facilities.

"Infiltrative surface" means the surface within a
treatment component or soil dispersal component to which
effluent is applied and through which effluent moves into
original, undisturbed soil or other porous treatment media.

"Installer" means a person approved by the local health
officer to install on-site sewage systems or components.

"Local health officer" means the health officer of the
city, county, or city-county health department or district
within the state of Washington, or a representative authorized
by and under the direct supervision of the local health
officer, as defined in chapter 70.05 RCW.

"Maintenance" means the actions necessary to keep the
on-site sewage system components functioning as designed.

"Massive structure" means the condition of a soil layer
in which the layer appears as a coherent or solid mass not
separated into peds of any kind.

"Moderate structure" means well-formed distinct peds
evident in undisturbed soil. When disturbed, soil material
parts into a mixture of whole peds, broken peds, and material
that is not in peds.

"Monitoring" means periodic or continuous checking of an
on-site sewage system, which is performed by observations and
measurements, to determine if the system is functioning as
intended and if system maintenance is needed. Monitoring also
includes maintaining accurate records that document monitoring
activities.

"On-site sewage system" (OSS) means an integrated system
of components, located on or nearby the property it serves,
that conveys, stores, treats, and/or provides subsurface soil
treatment and dispersal of sewage. It consists of a
collection system, a treatment component or treatment
sequence, and a soil dispersal component. An on-site sewage
system also refers to a holding tank sewage system or other
system that does not have a soil dispersal component.

"Operating capacity" means the average daily volume of
sewage an OSS can treat and disperse on a sustained basis.
The operating capacity, which is lower than the design flow,
is an integral part of the design and is used as an index in
OSS monitoring.

"Ordinary high-water mark" means the mark on lakes,
streams, springs, and tidal waters, found by examining the
beds and banks and ascertaining where the presence and action
of waters are so common and usual, and so long continued in
all ordinary years, as to mark upon the soil a character
distinct from that of the abutting upland with respect to
vegetation, as that condition exists on the effective date of
this chapter, or as it may naturally change thereafter. The
following definitions apply where the ordinary high-water mark
cannot be found:

(a) The ordinary high-water mark adjoining marine water
is the elevation at mean higher high tide; and

(b) The ordinary high-water mark adjoining freshwater is
the line of mean high water.

"Ped" means a unit of soil structure such as blocks,
column, granule, plate or prism formed by natural processes.

"Planned unit development" means a subdivision
characterized by a unified site design, clustered residential
units and/or commercial units, and areas of common open space.

"Platy structure" means soil that contains flat peds that
lie horizontally and often overlap. This type of structure
will impede the vertical movement of water.

"Pressure distribution" means a system of small diameter
pipes equally distributing effluent throughout a SSAS, as
described in the department's "Recommended Standards and
Guidance for Pressure Distribution Systems," 2001. A
subsurface drip system may be used wherever the chapter
requires pressure distribution.

"Professional engineer" means a person who is currently
licensed as an engineer under the provisions of chapter 18.43 RCW.

"Proprietary product" means a sewage treatment and
distribution technology, method, or material subject to a
patent or trademark.

"Public domain technology" means a sewage treatment and
distribution technology, method, or material not subject to a
patent or trademark.

"Public sewer system" means a sewerage system:

(a) Owned or operated by a city, town, municipal
corporation, county, or other approved ownership consisting of
a collection system and necessary trunks, pumping facilities
and a means of final treatment and disposal; and

(b) Approved by or under permit from the department of
ecology, the department of health and/or a local health
officer.

"Pumper" means a person approved by the local health
officer to remove and transport sewage or septage from on-site
sewage systems.

"Record drawing" means an accurate graphic and written
record of the location and features of the OSS that are needed
to properly monitor, operate, and maintain that system.

"Repair" means the relocation, replacement or
reconstruction of a failed on-site sewage system.

"Reserve area" means an area of land approved for the
installation of a conforming system that is protected and
maintained for replacement of the OSS upon its failure.

"Residential sewage" means sewage having the constituency
and strength typical of wastewater from domestic households.

"Septic tank" means a watertight treatment receptacle
receiving the discharge of sewage from a building sewer or
sewers, designed and constructed to permit separation of
settleable and floating solids from the liquid, detention and
anaerobic digestion of the organic matter, prior to discharge
of the liquid.

"Septic system" see on-site sewage system or OSS.

"Sewage" means any urine, feces, and the water carrying
human wastes, including kitchen, bath, and laundry wastes from
residences, buildings, industrial establishments or other
places.

"Sewage quality" means contents in sewage that include:

(a) CBOD5, TSS, and O&G;

(b) Other parameters that can adversely affect treatment.
Examples include pH, temperature, and dissolved oxygen;

(c) Other constituents that create concerns due to
specific site sensitivity. Examples include fecal coliform
and nitrogen.

"Sewage tank" means a prefabricated or cast-in-place
septic tank, pump tank/dosing chamber, holding tank, grease
interceptor, recirculating filter tank or any other tanks as
they relate to on-site sewage systems including tanks for use
with proprietary products.

"Soil dispersal component" means a technology that
releases effluent from a treatment component into the soil for
dispersal, final treatment and recycling.

"Soil log" means a detailed description of soil
characteristics providing information on the soil's capacity
to act as an acceptable treatment and dispersal medium for
sewage.

"Soil scientist" means a person certified by the American
Society of Agronomy as a Certified Professional Soil
Scientist.

"Soil type" means one of seven numerical classifications
of fine earth particles and rock fragments as described in WAC 246-272A-0220 (2)(e).

"Standard methods" means the 20th Edition of Standard
Methods for the Examination of Water and Wastewater, prepared
and published jointly by the American Public Health
Association, the American Water Works Association and the
Water Environment Federation.

"Strong structure" means peds are distinct in undisturbed
soil. They separate cleanly when soil is disturbed, and the
soil material separates mainly into whole peds when removed.

"Subdivision" means a division of land or creation of
lots or parcels, described under chapter 58.17 RCW, including
both long and short subdivisions, planned unit developments,
and mobile home parks.

"Subsurface drip system" means an efficient pressurized
wastewater distribution system that can deliver small, precise
doses of effluent to soil surrounding the drip distribution
piping (called dripline) as described in the department's
"Recommended Standards and Guidance for Subsurface Drip
Systems."

"Subsurface soil absorption system" (SSAS) means a soil
dispersal component of trenches or beds containing either a
distribution pipe within a layer of drainrock covered with a
geotextile, or an approved gravelless distribution technology,
designed and installed in original, undisturbed, unsaturated
soil providing at least minimal vertical separation as
established in this chapter, with either gravity or pressure
distribution of the treatment component effluent.

"Timed dosing" means delivery of discrete volumes of
sewage at prescribed time intervals.

"Treatment component" means a technology that treats
sewage in preparation for further treatment and/or dispersal
into the soil environment. Some treatment components, such as
mound systems, incorporate a soil dispersal component in lieu
of separate treatment and soil dispersal components.

"Treatment level" means one of six levels (A, B, C, D, E,
& N) used in these rules to:

(b) Match site conditions of vertical separation and soil
type with treatment components. Treatment levels used in
these rules are not intended to be applied as field compliance
standards. Their intended use is for establishing treatment
product performance in a product testing setting under
established protocols by qualified testing entities.

"Treatment sequence" means any series of treatment
components that discharges treated sewage to the soil
dispersal component.

"Trench" means a soil dispersal component consisting of
an excavation with a width of three feet or less.

"Unit volume of sewage" means:

(a) Flow from a single-family residence;

(b) Flow from a mobile home site in a mobile home park;
or

(c) Four hundred fifty gallons of sewage per day where
the proposed development is not single-family residences or a
mobile home park.

"Vertical separation" means the depth of unsaturated,
original, undisturbed soil of soil types 1-6 between the
bottom infiltrative surface of a soil dispersal component and
the highest seasonal water table, a restrictive layer, or soil
type 7 as illustrated below by the profile drawing of
subsurface soil absorption systems:

"Water table" means the upper surface of the ground
water, whether permanent or seasonal. Also see "ground
water."

"Well" means any excavation that is constructed when the
intended use of the well is for the location, diversion,
artificial recharge, observation, monitoring, dewatering or
withdrawal of ground water for agricultural, municipal,
industrial, domestic, or commercial use. Excluded are:

(a) A temporary observation or monitoring well used to
determine the depth to a water table for locating an OSS;

(b) An observation or monitoring well used to measure the
effect of an OSS on a water table; and

(c) An interceptor or curtain drain constructed to lower
a water table.

[]

NEW SECTIONWAC 246-272A-0015
Local management and regulation.
(1)
By July 1, 2007, the local health officers of health
jurisdictions in the twelve counties bordering Puget Sound
shall develop a written plan that will provide guidance to the
local health jurisdiction regarding development and management
activities for all OSS within the jurisdiction. The plan must
specify how the local health jurisdiction will:

(a) Progressively develop and maintain an inventory of
all known OSS in operation within the jurisdiction;

(b) Identify any areas where OSS could pose an increased
public health risk. The following areas shall be given
priority in this activity:

(i) Shellfish protection districts or shellfish growing
areas;

(ii) Sole source aquifers designated by the USEPA;

(iii) Areas in which aquifers used for potable water as
designated under the Washington State Growth Management Act,
chapter 36.70A RCW are critically impacted by recharge;

(iv) Designated wellhead protection areas for Group A
public water systems;

(v) Up-gradient areas directly influencing water
recreation facilities designated for swimming in natural
waters with artificial boundaries within the waters as
described by the Water Recreation Facilities Act, chapter 70.90 RCW;

(vi) Areas designated by the department of ecology as
special protection areas under WAC 173-200-090, Water quality
standards for ground waters of the state of Washington;

(vii) Wetland areas under production of crops for human
consumption;

(viii) Frequently flooded areas including areas
delineated by the Federal Emergency Management Agency and or
as designated under the Washington State Growth Management
Act, chapter 36.70A RCW;

(ix) Areas where nitrogen has been identified as a
contaminant of concern; and

(x) Other areas designated by the local health officer.

(c) Identify operation, maintenance and monitoring
requirements commensurate with risks posed by OSS within the
geographic areas identified in (b) of this subsection;

(d) Facilitate education of homeowners regarding their
responsibilities under this chapter and provide operation and
maintenance information for all types of systems in use within
the jurisdiction;

(e) Remind and encourage homeowners to complete the
operation and maintenance inspections required by WAC 246-272A-0270;

(f) Maintain records required under this chapter,
including of all operation and maintenance activities as
identified; and

(h) Describe the capacity of the local health
jurisdiction to adequately fund the local OSS plan, including
the ability to find failing and unknown systems; and

(i) Assure that it was developed to coordinate with the
comprehensive land use plan of the entities governing
development in the health officer's jurisdiction.

(2) After being approved by the local board of health
following a public hearing, the local health officers required
to develop a written plan under subsection (1) of this section
shall:

(a) Supply a copy of the plan to the department;

(b) Supply a copy of the plan to the entities responsible
for land use planning and development regulations in the
health officer's jurisdiction; and

(c) Implement the plan described in subsection (1) of
this section.

(3) The plans of local health jurisdictions required to
develop a written plan under subsection (1) of this section
shall be submitted to the department by July 1, 2007, and
shall be reviewed to ensure the elements described in
subsection (1) of this section have been addressed. The
department shall provide in writing to the local board of
health its review of the completeness of the plan.

(4) For purposes of this chapter, the local health
jurisdictions in marine counties are Clallam, Island, Kitsap,
Jefferson, Mason, San Juan, Seattle-King, Skagit, Snohomish,
Tacoma-Pierce, Thurston and Whatcom.

(5) The local health officers for all other jurisdictions
not required to develop a written plan under subsection (1) of
this section shall develop a written plan that will provide
guidance to the local jurisdiction regarding development and
management activities for all OSS within the jurisdiction. At
a minimum the plan shall include:

(a) A description of the capacity of the local health
jurisdiction to provide education and operation and
maintenance information for all types of systems in use within
the jurisdiction;

(b) A description of how the local health officer will
remind and encourage homeowners to complete the operation and
maintenance inspection required by WAC 246-272A-0270; and

(c) A description of the capacity of the local health
jurisdiction to adequately fund the local OSS plan.

(6) In order to implement the plan described in
subsections (1) and (5) of this section, the local health
officer shall require the owner of the OSS to:

(a) Comply with additional requirements identified in the
plan for the location, design, or performance; and

(b) Comply with the conditions of the operational permit
if one is required.

(7) In order to implement the plan described in
subsections (1) and (5) of this section, the local health
officer may require the owner of the OSS to:

(c) Place a notice to title identifying any additional
requirements for OSS operation, maintenance and monitoring;
and

(d) Have an inspection of the OSS at the time of property
transfer including the preparation of a "record drawing" if
necessary.

(8) No later than July 1, 2006, the department shall
develop guidance on local management programs to assist marine
local health jurisdictions in plan development.

(9) Until such time as the local board of health decides
to adopt its own rules, the local health officer shall enforce
this chapter. Local boards of health may adopt and enforce
local rules and regulations governing on-site sewage systems
when the local regulations are:

(a) Consistent with, and at least as stringent as, this
chapter; and

(b) Approved by the department prior to the effective
date of local regulations.

(10) A local board of health shall apply for departmental
approval of local regulations by initiating the following
procedure:

(a) The local board shall submit the proposed local
regulations to the department.

(b) Within ninety days of receipt, the department shall:

(i) Approve the regulation in writing; or

(ii) Signify automatic tacit approval with the local
regulations and permitting local implementation by failing to
act; or

(iii) Deny approval of the regulations. If the
department determines local regulations are not consistent
with this chapter, the department shall provide specific
reasons for denial.

(11) Upon receipt of departmental approval or after
ninety days without notification, whichever comes first, the
local board may implement adopted regulations. The local
board shall provide a copy of the adopted local regulations to
the department.

(12) If the department denies approval of local
regulations, the local board of health may:

(a) Resubmit revised regulations for departmental
consideration; or

(b) Submit a written request for a review of the
departmental denial within one hundred twenty days from the
date the local board of health receives the written reasons
for the denial.

(13) Upon receipt of written request for review of the
departmental denial, the department shall:

(a) Acknowledge the receipt of the request in writing;
and

(b) Form a mutually acceptable advisory panel consisting
of:

(i) One departmental employee;

(ii) One employee from a local health jurisdiction other
than that which requested the review; and

(iii) One member of the technical advisory committee.

(14) If good faith efforts to reach agreement are
unsuccessful, the local board of health may appeal the denial
to the Washington state board of health for resolution.

(15) Nothing in this chapter shall prohibit the adoption
and enforcement of more stringent regulations by local health
departments.

(16) In the plan required in subsection (1) of this
section and in local regulations, the local health officer may
address water conservation and include options for the
nonpotable reuse of gray water. Any treatment and dispersal
of gray water outside the residence or structure must comply
with this chapter.

[]

GENERAL REQUIREMENTSNEW SECTIONWAC 246-272A-0020
Applicability.
(1) The local health
officer:

(a) Shall apply this chapter to OSS treating sewage and
dispersing effluent from residential sources with design flows
up to three thousand five hundred gallons per day;

(b) May apply this chapter to OSS for nonresidential
sources of sewage if treatment, siting, design, installation,
and operation and maintenance measures provide treatment and
effluent dispersal equal to that required of residential
sources.

(c) May not apply this chapter to industrial wastewater.

(2) The department shall apply this chapter for the
registration of proprietary treatment and distribution
products.

(3) A valid sewage system design approval, or
installation permit issued prior to the effective date of
these regulations:

(a) Shall be acted upon in accordance with regulations in
force at the time of issuance;

(b) Shall have a maximum validity period of five years
from the date of issuance or remain valid for an additional
year beyond the effective date of these regulations, whichever
assures the most lenient expiration date; and

(c) May be modified to include additional requirements if
the health officer determines that a serious threat to public
health exists.

(4) This chapter does not apply to facilities regulated
as reclaimed water use under chapter 90.46 RCW.

[]

NEW SECTIONWAC 246-272A-0025
Connection to public sewer system.
(1) When adequate public sewer services are available within
two hundred feet of the residence or facility, the local
health officer, upon the failure of an existing on-site sewage
system may:

(a) Require hook-up to a public sewer system; or

(b) Permit the repair or replacement of the on-site
sewage system only if a conforming system can be designed and
installed.

(2) Except as noted in subsection (1) of this section,
the owner of a failure shall abandon the OSS under WAC 246-272A-0300 and connect the residence or other facility to a
public sewer system when:

(a) The distance between the residence or other facility
and an adequate public sewer is two hundred feet or less as
measured along the usual or most feasible route of access; and

(b) The sewer utility allows the sewer connection.

(3) The owner of a residence or other facility served by
a system meeting the requirements of Table IX of this chapter
shall abandon the OSS according to the requirements specified
in WAC 246-272A-0300, and connect the residence or other
facility to a public sewer system when:

(a) Connection is deemed necessary to protect public
health by the local health officer;

(b) An adequate public sewer becomes available within two
hundred feet of the residence or other facility as measured
along the usual or most economically feasible route of access;
and

(c) The sewer utility allows the sewer connection.

(4) Local boards of health may require a new development
to connect to a public sewer system to protect public health.

(5) Local boards of health shall require new development
or a development with a failing system to connect to a public
sewer system if it is required by the comprehensive land use
plan or development regulations.

[]

SEWAGE PRODUCTS AND TECHNOLOGIESNEW SECTIONWAC 246-272A-0100
Sewage technologies.
(1) The
department may develop recommended standards and guidance to
assist local health officers in permitting different types of
sewage treatment and distribution technologies including the
following four broad categories:

(2) All types of sewage technologies must have either
standards for use described in this chapter or departmental
recommended standards and guidance before the local health
officer may permit them. Recommended standards and guidance
may include information and detail such as:

(a) Application;

(b) Design;

(c) Installation;

(d) Operation, monitoring and maintenance;

(e) Performance expectations; and

(f) Sources of information.

[]

NEW SECTIONWAC 246-272A-0110
Proprietary treatment
products -- Certification and registration.
(1) Manufacturers
shall register their proprietary treatment products with the
department before the local health officer may permit their
use.

(2) To qualify for product registration, manufacturers
desiring to sell or distribute proprietary treatment products
in Washington state shall:

(a) Verify product performance through testing using the
testing protocol established in Table I and register their
product with the department using the process described in WAC 246-272-0120;

(b) Report test results of influent and effluent sampling
obtained throughout the testing period (including normal and
stress loading phases) for evaluation of constituent reduction
according to Table II;

(c) Demonstrate product performance according to Table
III. All thirty-day averages and geometric means obtained
throughout the test period must meet the identified threshold
values to qualify for registration at that threshold level;
and

(d) For registration at levels A, B, and C verify
bacteriological reduction according to WAC 246-272A-0130.

(3) Manufacturers verifying product performance through
testing according to the following standards or protocols
shall have product testing conducted by a testing facility
accredited by ANSI:

(4) Manufacturers verifying product performance through
testing according to the following standards or protocols
shall have product testing conducted by a testing facility
meeting the requirements established by the Testing
Organization and Verification Organization, consistent with
the test protocol and plan:

(a) EPA/NSF -- Protocol for the Verification of Wastewater
Treatment Technologies; or

(5) Treatment levels used in these rules are not intended
to be applied as field compliance standards. Their intended
use is for establishing treatment product performance in a
product testing setting under established protocols by
qualified testing entities.

TABLE I

Testing Requirements for Proprietary Treatment
Products

Treatment
Component/Sequence
Category

Required Testing Protocol

Category 1 Designed to
treat sewage with strength
typical of a residential
source when septic tank
effluent is anticipated to be
equal to or less than
treatment level E.

ANSI/NSF 40 -- Residential
Wastewater Treatment
Systems (protocols dated
between July 1996 and the
effective date of these
rules)

Category 2 Designed to
treat high-strength sewage
when septic tank effluent
is anticipated to be greater
than treatment level E.

Category 1 Designed to treat
sewage with strength typical of a
residential source when septic tank
effluent is anticipated to be equal
to or less than treatment level E.

Report test results of influent and effluent sampling obtained throughout
the testing period for evaluation of constituent reduction for the
parameters: CBOD5, and TSS:

Average

Standard Deviation

Minimum

Maximum

Median

Interquartile Range

30-day Average (for each month)

For bacteriological reduction performance, report fecal coliform test results
of influent and effluent sampling by geometric mean from samples drawn
within thirty-day or monthly calendar periods, obtained from a minimum of
three samples per week throughout the testing period. See WAC 246-272A-0130.

Test report must also include the individual results of all samples drawn
throughout the test period.

Category 2 Designed to treat
high-strength sewage when septic
tank effluent is anticipated to be
greater than treatment level E.

Report all individual test results and full test average values of influent and
effluent sampling obtained throughout the testing period for: CBOD5, TSS
and O&G. Establish the treatment capacity of the product tested in
pounds per day for CBOD5.

Report test results on all required performance criteria according to the
format prescribed in the NSF test protocol described in Table I.

Total Nitrogen Reduction in
Categories 1 & 2 (Above)

Report test results on all required performance criteria according to the
format prescribed in the test protocol described in Table I.

TABLE III

Product Performance Requirements for Proprietary Treatment Products

Treatment Component/Sequence
Category

Product Performance Requirements

Category 1 Designed to treat sewage
with strength typical of a residential
source when septic tank effluent is
anticipated to be equal to or less than
treatment level E.

Treatment System Performance Testing Levels

Level

Parameters

CBOD5

TSS

O&G

FC

TN

A

10 mg/L

10 mg/L

----

200/100 ml

----

B

15 mg/L

15 mg/L

----

1,000/100 ml

----

C

25 mg/L

30 mg/L

----

50,000/100 ml

----

D

25 mg/L

30 mg/L

----

----

----

E

125 mg/L

80 mg/L

20 mg/L

----

----

N

----

----

----

----

20
mg/L

Values for Levels A - D are 30-day values (averages for CBOD5, TSS,
and geometric mean for FC.) All 30-day averages throughout the test
period must meet these values in order to be registered at these
levels.

Values for Levels E and N are derived from full test averages.

Category 2 Designed to treat
high-strength sewage when septic tank
effluent is anticipated to be greater than
treatment level E.

(f) For treatment systems in Category 2, daily capacity
of the model or models in pounds per day of CBOD5;

(g) Siting and installation requirements;

(h) Detailed description, procedure and schedule of
routine service and system maintenance events;

(i) Estimated operational costs for the first five years
of the treatment component's life. This shall include both
estimated annual electricity costs, and routine maintenance
costs, including replacement of parts;

(j) Identification of information subject to protection
from disclosure of trade secrets;

(l) The most recently available product test protocol and
results report;

(m) A signed and dated certification by the
manufacturer's agent specifically including the following
statement, "I certify that I represent (INSERT MANUFACTURING
COMPANY NAME) and I am authorized to prepare or direct the
preparation of this application for registration. I attest,
under penalty of law, that this document and all attachments
are true, accurate, and complete. I understand and accept
that the product testing results reported with this
application for registration are the parameters and values to
be used for determining conformance with Treatment System
Performance Testing Levels established in chapter 246-272A WAC";

(n) A signed and dated certification from the testing
entity including the statement, "I certify that I represent
(INSERT TESTING ENTITY NAME), that I am authorized to report
the testing results for this proprietary treatment product. I
attest, under penalty of law, that the report about the test
protocol and results is true, accurate, and complete"; and

(2) Products within a single series or model line
(sharing distinct similarities in design, materials, and
capacities) may be registered under a single application,
consistent with the provisions of their test protocol for the
certification of other products within a product series.
Products outside of the series or model line must be
registered under separate applications.

(3) Upon receipt of an application the department shall:

(a) Verify that the application is complete;

(b) If complete, place the product on the list of
proprietary treatment products.

(4) All registrations are valid for up to one year,
expiring on December 31 of each year. Fees are not prorated.

(5) In order to renew technology registration, a
manufacturer shall:

(a) Apply for renewal of product registration using the
form or in the format provided by the department.

(b) Submit the results of retesting, if the product has
completed retesting according to the protocol required for
registration and a report from the testing entity has been
issued since initial registration or previous renewal.
Renewal shall be based on the most recent test results.

(c) Provide an affidavit to the department verifying
whether or not the product has changed over the previous year.
If the product has changed, the affidavit must also include a
full description of the changes. If the product has changed
in a way that affects performance, the product may not be
renewed and shall meet the requirements for initial
registration.

(a) Request field assessment comments from local health
officers no later than October 31st of each year. These
comments may include concerns about a variety of field
assessment issues, including product function, product
reliability, and problems arising with operation and
maintenance;

(b) Discuss with the TAC any field assessment information
that may impact product registration renewal;

(c) Notify the manufacturer of any product to be
discussed with the TAC, prior to discussion with the TAC,
regarding the nature of comments received; and

(d) Renew the product registration unless:

(i) The manufacturer of a product does not apply for
renewal; or

(ii) The department, after deliberation with the TAC,
concludes product registration renewal should not be given or
should be delayed until the manufacturer submits information
that satisfactorily answers concerns and issues.

(7) The department shall maintain a list of proprietary
treatment products meeting the registration requirements
established in this chapter. The product registration is a
condition of approval for use.

(8) Manufacturers shall have readily accessible
information for designers, homeowners, regulators, system
owners and other interested parties about their product
including:

(a) Product manuals;

(b) Design instructions;

(c) Installation instructions;

(d) Operation and maintenance;

(e) Homeowner instructions; and

(f) A list of representatives and manufacturer certified
service providers, if any.

[]

NEW SECTIONWAC 246-272A-0125
Transition from the list of approved
systems and products to the registered list -- Treatment
products.
(1) The department's list of approved systems and
products shall:

(a) Become static on (the effective date of this
chapter). Subsequent changes, additions or deletions to the
list of approved systems and products will only be made if
approved by the department based on completed applications
received prior to (the effective date of this chapter).

(b) Remain in effect until (a period of eighteen months
after the effective date of this chapter).

(2) Treatment products not on the department's list of
approved systems and products on (the effective date of this
chapter) and not otherwise eligible for inclusion on the list
by submittal of a completed application prior to (the
effective date of this chapter), must be registered with the
department according to the requirements of this chapter
before being permitted by the local health officer.

(3) Between (the effective date of this chapter) and (a
period of eighteen months after the effective date of this
chapter), the local health officer may permit treatment
products that are on the department's list of approved systems
and products or registered with the department under the
requirements of this chapter.

(4) After (a period of eighteen months after the
effective date of this chapter), local health officers may
only permit those treatment products registered under the
requirements of this chapter.

(5) In order to be registered, manufacturers with
treatment product models specified on the department's list of
approved systems and products (excluding products being
evaluated under the experimental systems program) on (the
effective date of this chapter), or subsequently added to the
list as provided in subsection (1)(a) of this section, shall
apply for product registration within eighteen months of the
effective date of this chapter using the following
information:

(a) For treatment products approved for use with sewage
typical of a residential source:

(i) If product approval was based on performance test
results obtained from testing conducted according to a
ANSI/NSF Standard 40 protocol dated prior to July 1996, the
manufacturer may apply for registration as established by
these rules using the performance test results obtained by a
qualified testing facility from testing conducted according to
a ANSI/NSF Standard 40 test protocol dated prior to July 1996;

(ii) In order to be registered, manufacturers must
identify on their application for product registration if the
reported product testing results use an excursion allowance.
If an excursion allowance is used, only the excursion
allowance provided in 1996 and later NSF protocols may be
used;

(iii) Thirty-day averaging of sample results must meet
the requirements established in 1996 and later NSF protocols;

(iv) If product approval was based upon the performance
information obtained through the department's former
experimental systems program, manufacturers may apply for
registration under this chapter using the performance test
results obtained from their experimental system program. This
provision is valid for only those models on the list of
approved systems and products;

(b) For products approved for use with high-strength
residential or commercial sewage:

(i) Manufacturers may apply for product registration
using the performance test results and other information
previously provided to the department in support of product
approval application.

(ii) If product approval was based upon the performance
information obtained through the department's former
experimental systems program, manufacturers may apply for
registration under this chapter using the performance test
results obtained from their experimental system program. This
provision is valid for only those models on the list of
approved systems and products;

(c) Test results for BOD5 may be submitted in lieu of test
results for CBOD5. In these cases the numerical values for
CBOD5, will be determined using the following formula:

(BOD5 value x .83 = CBOD5 value);
(d) In order to be registered for treatment levels A, B
or C, a manufacturer shall provide data demonstrating that
each of the parameters (CBOD5, TSS and fecal coliform) is met;

(e) Fecal coliform reduction performance must be
demonstrated according to the provisions and requirements
established in WAC 246-272A-0130 Bacteriological reduction;
and

(f) Manufacturers and treatment products must meet all
other requirements established in these rules for product
registration.

(1) Manufacturers shall, for the purpose of product
registration as described in WAC 246-272A-0110 and
246-272A-0120 for meeting treatment levels A, B, or C, verify
bacteriological reduction performance by sampling for fecal
coliform.

(a) For products not yet tested according to ANSI/NSF
Standard 40 testing protocol dated July 1996 or later, the
requirements of both ANSI/NSF Standard 40 and the protocol
specified in subsection (2) of this section for verifying
bacteriological reduction must be met.

(b) For products that have been tested according to
ANSI/NSF Standard 40 dated July 1996 or later but have not yet
been tested for bacteriological reduction, treatment
performance of the treatment product or sequence may be
established based on test results for CBOD5 and TSS obtained
from the previous ANSI/NSF Standard 40 testing and
bacteriological reduction performance based on testing
according to the protocol in subsection (2) of this section.
Provided that the testing entity must verify the influent
wastewater stream throughout the bacteriological testing
period meets the influent threshold levels for CBOD5 and TSS
required by ANSI/NSF Standard 40 testing protocol.

(2) All test data submitted for product registration
shall be produced by an ANSI accredited, third-party testing
and certification organization whose accreditation is specific
to on-site wastewater treatment products. Bacteriological
reduction performance must be determined while the treatment
product or sequence is tested according to the ANSI/NSF
Standard 40 testing protocol. During this testing the
following requirements apply:

(a) Collect samples from both the influent and effluent
streams, identifying the treatment performance achieved by the
full treatment process (component or sequence);

(c) Test the influent to any disinfection unit and report
the following at each occasion of sampling performed in (d) of
this subsection:

(i) Flow rate;

(ii) pH;

(iii) Temperature;

(iv) Turbidity; and

(v) Color.

(d) Obtain samples for fecal coliform analysis throughout
the testing period, including both design loading and stress
loading recovery periods, as follows:

(i) Both an influent and an effluent grab sample must be
taken during each of the three daily design loading periods on
three separate days of each week; and

(ii) The three influent samples collected each day must
be combined and analyzed as a single sample for that day. The
effluent samples for each day must also be combined and
analyzed as a single sample for that day.

(e) Conduct analyses according to standard methods;

(f) Report the geometric mean of fecal coliform test
results from all samples taken within thirty-day or monthly
calendar periods;

(g) Report the individual results of all samples taken
throughout the test period design and stress loading; and

(h) Report all maintenance and servicing conducted during
the testing period, including for example, instances of
cleaning a UV lamp, or replenishment of chlorine chemicals.

(3) Manufacturers may register products in treatment
levels A and B using disinfection.

(4) Manufacturers may not register products for treatment
level C using disinfection.

[]

NEW SECTIONWAC 246-272A-0135
Transition from the list of approved
systems and products to the registered list -- Bacteriological
reduction.
This section on how bacteriological reduction
products on the list of approved systems and products can
become registered.

(1) The department's list of approved systems and
products shall:

(a) Become static on (the effective date of this
section). Subsequent changes, additions or deletions to the
list of approved systems and products will only be made if
approved by the department based on completed applications
received prior to (the effective date of this chapter).

(b) Remain in effect until (a period of eighteen months
after the effective date of this chapter).

(2) Systems on the department's list of approved systems
and products meeting the BOD5 (or CBOD5) and TSS requirements
for treatment standards 1 and 2 may continue to be combined
with disinfection equipment and methods specified by the
on-site sewage system designer to meet or exceed the fecal
coliform reduction performance required by treatment standards
1 and 2, until (insert a date eighteen months after the
effective date).

(3) After (eighteen months after the effective date), the
local health officer may permit only those treatment products
registered as meeting bacteriological reduction portions of
treatment level A, B, or C under the requirements of this
chapter.

(4) Products that have been tested for bacteriological
reduction and have met all the requirements of WAC 246-272A-0130, except the bacteriological influent and/or
sampling frequency requirements, may be registered under this
chapter to allow continued use of the product after eighteen
months from the effective date of this chapter. In order to
register their product, the manufacturer shall:

(a) Assure their product is on the department's list of
approved systems and products that have been approved as
meeting a bacteriological reduction standard on (the effective
date of the this chapter), or subsequently added to the list
as provided in subsection (1)(a) of this section;

(b) Apply for product registration within eighteen months
of the effective date of this chapter; and

(c) Have their product tested for two additional months
of testing using the testing protocol specified in WAC 246-272A-0130(2) to verify the bacteriological reduction
performance.

(2) Manufacturers desiring to sell proprietary
distribution products shall certify that the product(s) meets
the standards established in this chapter and register their
product(s) with the department using the process described in
WAC 246-272A-0145.

(3) Proprietary gravelless distribution products shall:

(a) Be constructed or manufactured from materials that
are nondecaying and nondeteriorating and do not leach
chemicals when exposed to sewage and the subsurface soil
environment;

(b) Provide liquid storage volume at least equal to the
storage volume provided within the thirty percent void space
in a twelve-inch layer of drainrock in a drainrock-filled
distribution system. This storage volume must be established
by the gravelless distribution products, system design and
installation and must be maintained for the life of the
system. This requirement may be met on a lineal-foot, or on
an overall system design basis;

(c) Provide suitable effluent distribution to the
infiltrative surface at the soil interface; and

(d) Maintain the integrity of the trench or bed. The
material used, by its nature and its manufacturer-prescribed
installation procedure, must withstand the physical forces of
the soil sidewalls, soil backfill and the weight of equipment
used in the backfilling.

(4) Proprietary subsurface dripline products shall:

(a) Be warranted by the manufacturer for use with sewage
and for resistance to root intrusion.

(b) Incorporate emitters with a maximum nominal rated
discharge of 1.3 gallons per hour. Emitter discharge rate may
be controlled either by use of pressure-compensating emitters
or with a pressure regulator.

(c) Be color-coded purple to identify that the pipe
contains nonpotable water from a sewage source.

[]

NEW SECTIONWAC 246-272A-0145
Proprietary distribution product
registration -- Process and requirements.
(1) Manufacturers
shall register their proprietary distribution product(s) with
the department by submitting a complete application in the
format provided by the department, including:

(j) For gravelless chamber systems a quantitative
description of the actual exposed trench-bottom infiltrative
surface area for each model seeking registration;

(k) A statement from a professional engineer that
certifies the technology meets the standards established in
WAC 246-272A-0140;

(l) A signed and dated certification by the
manufacturer's agent specifically including the following
statement, "I certify that I represent (INSERT MANUFACTURING
COMPANY NAME) and I am authorized to prepare or direct the
preparation of this application for product registration. I
attest, under penalty of law, that this document and all
attachments, are true, accurate, and complete."

(m) A signed and dated certification from the licensed
professional engineer including the statement, "I certify that
I represent (INSERT PROFESSIONAL ENGINEERING FIRM NAME), that
I am authorized to certify the performance characteristics for
the proprietary distribution product presented in this
application. I attest, under penalty of law, that the
technology report is true, accurate, and complete."

(2) Products within a single series or model line
(sharing distinct similarities in design, materials, and
capacities) may be registered under a single application.
Products outside of the series or model line must be
registered under separate applications.

(3) Upon receipt of an application the department shall:

(a) Verify that the application is complete;

(b) If complete, place the product on the list of
proprietary distribution products.

(4) All registrations are valid for up to one year,
expiring on December 31st of each year. Required fees are not
prorated.

(5) In order to renew a proprietary distribution product
registration, a manufacturer must:

(a) Apply for renewal of product registration using the
form or in the format provided by the department;

(b) Provide an affidavit to the department verifying
whether or not the product has changed over the previous year.
If the product has changed, the affidavit must also include a
full description of the changes. If the product has changed
in a way that affects performance, the product may not be
renewed and shall meet the requirements of initial
registration; and

(a) Request field assessment comments from local health
officers no later than October 31st of each year. These
comments may include concerns about a variety of field
assessment issues, including product function, product
reliability, and problems arising with operation and
maintenance;

(b) Discuss with the TAC any field assessment information
that may impact product registration renewal;

(c) Notify the manufacturer of any product to be
discussed with the TAC, prior to discussion with the TAC,
regarding the nature of comments received; and

(d) Renew the product registration unless:

(i) The manufacturer of a product does not apply for
renewal; or

(ii) The department, after deliberation with the TAC,
concludes product registration renewal should not be given or
should be delayed until the manufacturer submits information
that satisfactorily answers concerns and issues.

(7) The department shall maintain a list of proprietary
distribution products meeting the registration requirements
established in this chapter. Product registration is a
condition of approval for use.

(8) Manufacturers shall have readily accessible
information for designers, homeowners, regulators, system
owners and other interested parties about their product
including:

(a) Product manuals;

(b) Design instructions;

(c) Installation instructions;

(d) Operation and maintenance;

(e) Homeowner instructions; and

(f) A list of representatives and manufacturer certified
service providers, if any.

[]

NEW SECTIONWAC 246-272A-0150
Transition from the list of approved
systems and products to the registered list -- Distribution
products.
(1) The department's list of approved systems and
products shall:

(a) Become static on (the effective date of the chapter).
Subsequent changes, additions or deletions to the list of
approved systems and products will only be made when approved
by the department based on completed applications received
prior to (the effective date of this chapter).

(b) Remain in effect until (for a period of eighteen
months after the effective date of this chapter).

(2) Distribution products not on the department's list of
approved systems and products on (the effective date of this
chapter) and not otherwise eligible for inclusion on the list
by submittal of a completed application prior to (the
effective date of this chapter), must be registered with the
department under this chapter before being permitted by the
local health officer.

(3) Between (the effective date of this chapter) and (a
period of eighteen months after the effective date of this
chapter), the local health officer may permit distribution
products that are on the department's list of approved systems
and products or registered by the department under the
requirements of this chapter.

(4) After (a period of eighteen months after the
effective date of this chapter), local health officers may
only permit those distribution products registered under the
requirements of this chapter.

(5) In order to be registered, manufacturers with
distribution product models specified on the department's list
of approved systems and products (excluding products being
evaluated under the experimental systems program) on (the
effective date of this chapter), or subsequently added to the
list as provided in subsection (1)(a) of this section, shall
apply for product registration within eighteen months of the
effective date of this chapter using the following
information:

(a) Manufacturers may apply for registration using the
information previously provided to the department in support
of product approval application, without further professional
engineer certification.

(b) If product approval was based upon the performance
information obtained through the department's former
experimental systems program, the manufacturer may apply for
registration as established by these rules using the
performance test results obtained from their experimental
system program, without further professional engineer
certification. This provision is valid for only those models
on the approved list of systems and products.

(c) Manufacturers and distribution products shall meet
all other requirements established in these rules for product
registration.

[]

NEW SECTIONWAC 246-272A-0170
Product development permits.
(1) A
local health officer may issue a product development permit
(PDP) for any proprietary treatment component or sequence. In
order to protect public health during the development period,
a complete system meeting the requirements of this chapter and
the site must be installed. The product under development may
then be added to the treatment system allowing the product
developer to gather data about the product's performance in
the field. The PDP allows product developers to explore and
develop new technologies prior to product testing and
registration under WAC 246-272A-0110 and 246-272A-0120. The
PDP is not an alternative to testing and registration.

(2) An application for a PDP shall include all of the
following:

(a) Proof of an existing conforming system in compliance
with all local requirements, or a permit for a conforming
system. The conforming system must be installed in its
entirety before the PDP becomes valid;

(b) A description of the product under development
including performance goals and a description of how the
system will be used to treat sewage;

(c) Documentation of financial assurance that will cover
the correction of any potential public health threats or
environmental damage resulting from the use of the product
under development. Instruments of financial assurance
include:

(i) An irrevocable letter of credit in the amount
required by the local health officer issued by an entity
authorized to issue letters of credit in Washington state;

(ii) Cash or security deposit payable to the local health
jurisdiction in the amount required by the local health
officer; or

(iii) Any other financial assurance that satisfies the
local health officer.

(d) Documentation signed by the owner of the proposed
product development site allowing access to the local health
officer for inspection of the site; and

(e) Any other information required by the local health
officer.

(3) The local health officer may stipulate additional
requirements for a PDP necessary to assure the performance of
the conforming system, including providing performance data to
the local health officer.

(4) A PDP is a site-specific permit. Product development
at multiple sites requires a PDP for each site.

(5) During the term of the PDP, product development,
testing and sampling are under the full control of the product
developer and all data collected is considered proprietary
information.

(6) A PDP is valid for one year and may be renewed by the
local health officer.

(7) The product development period is over when the
original PDP or any subsequently renewed permits have expired.
At this time the product developer:

(a) Shall, at the direction of the local health officer,
remove the product under development from the site,
reestablishing all appropriate plumbing and power connections
for the conforming system.

(b) May subject the product to performance testing
described in WAC 246-272A-0110 in order to allow the product
to be eligible for registration with the department.

(8) The local health officer may revoke or amend a PDP:

(a) If the continued operation or presence of the product
under development:

(i) Presents a risk to the public health or the
environment;

(ii) Causes adverse effects on the proper function of the
conforming system on the site; or

(iii) Leaks or discharges sewage on the surface of the
ground.

(b) If the developer fails to comply with any
requirements stipulated on the permit by the local health
officer.

(9) The local health officer may charge fees adequate to
administer the PDP program.

[]

NEW SECTIONWAC 246-272A-0175
Transition from the experimental
system program to application for product registration.
(1)
The department's list of approved systems and products shall:

(a) Become static on (the effective date of this
chapter). Subsequent changes, additions or deletions to the
list of approved systems and products will only be made when
approved by the department based on completed applications
received prior to (the effective date of this chapter).

(b) Remain in effect until (a period of eighteen months
after the effective date of this chapter).

(2) Persons representing experimental systems not on the
department's list of approved systems and products on (the
effective date of this chapter) and not otherwise eligible for
inclusion on the list by submittal of a completed application
prior to (the effective date of this chapter), may apply to a
local health officer for a product development permit under
WAC 246-272A-0170.

(3) Those persons representing experimental systems on
the department's list of approved systems and products on (the
effective date of this chapter) may continue with the
experimental testing according to the experimental testing
protocol agreed to by the department until completed. Upon
completion of the testing, the person may apply to the
department for product registration under WAC 246-272A-0120 or
246-272A-0145. In considering the results of the experimental
testing protocol, the department may seek a recommendation
from the TAC. The department may determine:

(a) The product meets the requirements for registration
and place it on the list of registered proprietary products;
or

(b) The product does not meet the requirements for
registration. Any further treatment product development and
testing may continue under WAC 246-272A-0170, not under the
department's previous experimental system program. The
requirements of WAC 246-272A-0110, 246-272A-0130, or
246-272A-0140 apply to any further application for product
registration.

[]

SPECIFIC REQUIREMENTSNEW SECTIONWAC 246-272A-0200
Permit requirements.
(1) Prior to
beginning the construction process, a person proposing the
installation, repair, modification, connection to, or
expansion of an OSS, shall report the following and obtain a
permit from the local health officer:

(a) General information including:

(i) Name and address of the property owner and the
applicant at the head of each page of submission;

(ii) Parcel number and if available, the address of the
site;

(iii) Source of drinking water supply;

(iv) Identification if the property is within the
boundaries of a recognized sewer utility;

(v) Size of the parcel;

(vi) Type of permit for which application is being made,
for example, new installation, repair, expansion,
modification, or operational;

(vii) Source of sewage, for example, residence,
restaurant, or other type of business;

(viii) Location of utilities;

(ix) Name of the site evaluator;

(x) Name, signature and stamp of the designer;

(xi) Date of application; and

(xii) Name and signature of the fee simple owner, the
contract purchaser of the property or the owner's authorized
agent.

(i) A drawing showing the dimensioned location of
components of the proposed OSS, and the system designed for
the reserve area if reserve site characteristics differ
significantly from the initial area;

(ii) Vertical cross-section drawings showing:

(A) The depth of the soil dispersal component, the
vertical separation, and depth of cover material; and

(e) Any additional information as deemed necessary by the
local health officer.

(2) A permit is not required for replacement, addition,
or modification of broken or malfunctioning building sewers,
risers and lids, sewage tank lids, sewage tank baffles, sewage
tank pumps, pump control floats, pipes connecting multiple
sewage tanks, and OSS inspection boxes and ports where a
sewage tank, treatment component, or soil dispersal component
does not need to be replaced. The local health officer may
require the owner to submit information regarding these
activities for recordkeeping purposes.

(3) The local health officer may develop the information
required in subsection (1) of this section if authorized by
local regulations.

(4) The local health officer shall:

(a) Respond to an application within thirty days as
required in RCW 70.05.074.

(b) Permit only public domain technologies that have
departmental RS&G. Permit only proprietary products that are
registered by the department. During the period of transition
from the list of approved systems and products to the
registered list, the local health officer may permit products
on the list of approved systems and products.

(c) Issue a permit when the information submitted under
subsection (1) of this section meets the requirements
contained in this chapter and in local regulations;

(d) Identify the permit as a new installation, repair,
expansion, modification, or operational permit;

(e) Specify the expiration date on the permit. The
expiration date may not exceed five years from the date of
permit issuance;

(f) Include a reminder on the permit application of the
applicant's right of appeal; and

(g) If requiring an operational permit, state the period
of validity and the date and conditions of renewal.

(5) The local health officer may revoke or deny a permit
for just cause. Examples include, but are not limited to:

(a) Construction or continued use of an OSS that
threatens the public health;

(b) Misrepresentation or concealment of material fact in
information submitted to the local health officer; or

(c) Failure to meet conditions of the permit, this
chapter or any local regulations.

(6) Before the local health officer issues a permit for
the installation of an OSS to serve more than one development,
the applicant shall show:

(a) An approved public entity owning or managing the OSS
in perpetuity; or

(b) A management arrangement acceptable to the local
health officer, recorded in covenant, lasting until the
on-site system is no longer needed, and containing, but not
limited to:

(i) A recorded easement allowing access for construction,
operation, monitoring maintenance, and repair of the OSS; and

(ii) Identification of an adequate financing mechanism to
assure the funding of operation, maintenance, and repair of
the OSS.

(7) The local health officer shall not delegate the
authority to issue permits.

(8) The local health officer may stipulate additional
requirements for a particular permit if necessary for public
health protection.

1If surface water is used as a public drinking water supply, the designer shall locate the OSS outside of the required source
water protection area.

2The item is down-gradient when liquid will flow toward it upon encountering a water table or a restrictive layer. The item
is up-gradient when liquid will flow away from it upon encountering a water table or restrictive layer.

(2) If any condition indicates a greater potential for
contamination or pollution, the local health officer may
increase the minimum horizontal separations. Examples of such
conditions include excessively permeable soils, unconfined
aquifers, shallow or saturated soils, dug wells, and
improperly abandoned wells.

(3) The local health officer may allow a reduced
horizontal separation to not less than two feet where the
property line, easement line, in-ground swimming pool, or
building foundation is up-gradient.

(4) The horizontal separation between an OSS dispersal
component and an individual water well, individual spring, or
surface water that is not a public water source can be reduced
to a minimum of seventy-five feet, by the local health
officer, and be described as a conforming system upon signed
approval by the health officer if the applicant demonstrates:

(a) Adequate protective site-specific conditions, such as
physical settings with low hydro-geologic susceptibility from
contaminant infiltration. Examples of such conditions include
evidence of confining layers and/or aquatards separating
potable water from the OSS treatment zone, excessive depth to
ground water, down-gradient contaminant source, or outside the
zone of influence; or

(b) Design and proper operation of an OSS system assuring
enhanced treatment performance beyond that accomplished by
meeting the vertical separation and effluent distribution
requirements described in WAC 246-272A-0230 Table VI; or

(c) Evidence of protective conditions involving both (a)
and (b) of this subsection.

(i) Encroachment by buildings or construction such as
placement of power poles and underground utilities;

(ii) Cover by impervious material;

(iii) Vehicular traffic; or

(iv) Other activities adversely affecting the soil or the
performance of the OSS.

(c) Sufficient reserve area for replacement exists to
treat and dispose one hundred percent of the design flow;

(d) The land is stable; and

(e) Surface drainage is directed away from the site.

(6) The local health officer may approve a sewer
transport line within ten feet of a water supply line if the
sewer line is constructed in accordance with section C1-9 of
the department of ecology's "Criteria For Sewage Works
Design," December 1998.

[]

NEW SECTIONWAC 246-272A-0220
Soil and site evaluation.
(1) Only
professional engineers, designers, or local health officers
may perform soil and site evaluations. Soil scientists may
only perform soil evaluations.

(2) The person evaluating the soil and site shall:

(a) Report:

(i) A sufficient number of soil logs to evaluate
conditions within:

(A) The initial soil dispersal component; and

(B) The reserve area.

(ii) The ground water conditions, the date of the
observation, and the probable maximum height;

(iii) The topography of the proposed initial system, the
reserve area, and those areas immediately adjacent that
contain characteristics impacting the design;

(iv) The drainage characteristics of the proposed initial
system, the reserve area and those areas immediately adjacent
that contain characteristics impacting the design;

(v) The existence of structurally deficient soils subject
to major wind or water erosion events such as slide zones and
dunes;

(vi) The existence of designated flood plains and other
areas identified in the local management plan required in WAC 246-272A-0015; and

(vii) The location of existing features affecting system
placement, such as, but not limited to:

(b) Use the soil and site evaluation procedures and
terminology in accordance with Chapter 5 of the On-site
Wastewater Treatment Systems Manual, EPA 625/R-00/008,
February 2002 except where modified by, or in conflict with,
this chapter (available upon request to the department);

(c) Use the soil names and particle size limits of the
United States Department of Agriculture Natural Resources
Conservation Service classification system;

(d) Determine texture, structure, compaction and other
soil characteristics that affect the treatment and water
movement potential of the soil by using normal field and/or
laboratory procedures such as particle size analysis; and

(e) Classify the soil as in Table V, Soil Type
Descriptions:

TABLE V Soil Type Descriptions

Soil Type

Soil Textural Classifications

1

Gravelly and very gravelly coarse
sands, all extremely gravelly soils
excluding soil types 5 and 6, all
soil types with greater than or
equal to 90% rock fragments.

Sandy clay, clay, silty clay,
strongly cemented or firm soils,
soil with a moderate or strong
platy structure, any soil with a
massive structure, any soil with
appreciable amounts of
expanding clays.

(3) The owner of the property or his agent shall:

(a) Prepare the soil log excavation to:

(i) Allow examination of the soil profile in its original
position by:

(A) Excavating pits of sufficient dimensions to enable
observation of soil characteristics by visual and tactile
means to a depth three feet deeper than the anticipated
infiltrative surface at the bottom of the soil dispersal
component; or

(B) Stopping at a shallower depth if a water table or
restrictive layer is encountered;

(ii) Allow determination of the soil's texture,
structure, color, bulk density or compaction, water absorption
capabilities or permeability, and elevation of the highest
seasonal water table; and

(b) Assume responsibility for constructing and
maintaining the soil log excavation in a manner to prevent
injury as required by chapter 296-155 WAC.

(4) The local health officer:

(a) Shall render a decision on the height of the water
table within twelve months of receiving the application under
precipitation conditions typical for the region;

(b) May require water table measurements to be recorded
during months of probable high-water table conditions, if
insufficient information is available to determine the highest
seasonal water table;

(c) May require any other soil and site information
affecting location, design, or installation; and

(d) May reduce the required number of soil logs for OSS
serving a single-family residence if adequate soils
information has previously been developed.

[]

NEW SECTIONWAC 246-272A-0230
Design requirements -- General.
(1)
On-site sewage systems may only be designed by professional
engineers, licensed under chapter 18.43 RCW or on-site sewage
treatment system designers, licensed under chapter 18.210 RCW,
except:

(a) If at the discretion of the local health officer, a
resident owner of a single-family residence not adjacent to a
marine shoreline is allowed to design a system for that
residence; or

(b) If the local health officer performs the soil and
site evaluation, the health officer is allowed to design a
system.

(2) The designer shall use the following criteria when
developing a design for an OSS:

(a) All sewage from the building served is directed to
the OSS;

(b) Sewage tanks have been reviewed and approved by the
department;

(c) Drainage from the surface, footing drains, roof
drains, subsurface stormwater infiltration systems, and other
nonsewage drains is prevented from entering the OSS, the area
where the OSS is located, and the reserve area;

(d) The OSS is designed to treat and disperse the sewage
volume as follows:

(i) For single-family residences:

(A) The operating capacity is based on 45 gpd per capita
with two people per bedroom.

(B) The minimum design flow per bedroom per day is the
operating capacity of ninety gallons multiplied by 1.33. This
results in a minimum design flow of one hundred twenty gallons
per bedroom per day.

(C) A factor greater than 0.33 to account for surge
capacity may be required by the local health officer.

(D) The local health officer may require an increase of
the design flow for dwellings with anticipated greater flows,
such as larger dwellings.

(E) The minimum design flow is two hundred forty gallons
per day.

(ii) For other facilities, the design flows noted in
"On-site Wastewater Treatment Systems Manual," USEPA,
EPA-625/R-00/008, February 2002 (available upon request to the
department) shall be used. Sewage flows from other sources of
information may be used in determining system design flows if
they incorporate both an operating capacity and a surge
capacity.

(e) The OSS is designed to address sewage quality as
follows:

(i) For all systems, the designer shall consider:

(A) CBOD5, TSS, and O&G;

(B) Other parameters that can adversely affect treatment
anywhere along the treatment sequence. Examples include pH,
temperature and dissolved oxygen;

(C) The sensitivity of the site where the OSS will be
installed. Examples include areas where fecal coliform
constituents can result in public health concerns, such as
shellfish growing areas, designated swimming areas, and other
areas identified by the local management plan required in WAC 246-272A-0015.

(D) Nitrogen contributions. Where nitrogen has been
identified as a contaminant of concern by the local management
plan required in WAC 246-272A-0015, it shall be addressed
through lot size and/or treatment.

(ii) For OSS treating sewage from a nonresidential
source, the designer shall provide the following information:

(A) Information to show the sewage is not industrial
wastewater;

(B) Information regarding the sewage quality and
identifying chemicals found in the sewage that are not found
in sewage from a residential source; and

(C) A site-specific design providing the treatment level
equal to that required of sewage from a residential source;

(f) The vertical separation to be used to establish the
treatment levels and application rates. The selected vertical
separation shall be used consistently throughout the design
process.

(g) Treatment levels:

(i) Requirements for matching treatment component and
method of distribution with soil conditions of the soil
dispersal component are listed in Table VI. The treatment
levels correspond with those established for treatment
components under the product performance testing requirements
in Table III of WAC 246-272A-0110. The method of distribution
applies to the soil dispersal component.

(ii) Disinfection may not be used to achieve the fecal
coliform requirements to meet:

1The treatment component performance levels correspond with those established for treatment components
under the product testing requirements in WAC 246-272A-0110.

(3) The coarsest textured soil within the vertical
separation selected by the designer shall determine the
minimum treatment level and method of distribution.

(4) The local health officer shall not approve designs
for:

(a) Cesspools; or

(b) Seepage pits.

(5) The local health officer may approve a design for the
reserve area different from the design approved for the
initial OSS, if both designs meet the requirements of this
chapter for new construction.

(1) Have at least two compartments with the first
compartment liquid volume equal to one-half to two-thirds of
the total liquid volume. This standard may be met by one tank
with two compartments or by two single compartment tanks in
series.

(2) Have the following minimum liquid volumes:

(a) For a single family residence use Table VII, Required
Minimum Liquid Volumes of Septic Tanks:

TABLE VII Required Minimum Liquid Volumes of Septic Tanks

Number of Bedrooms

Required Minimum Liquid
Tank Volume in Gallons

≤3

900

4

1000

Each additional bedroom

250

(b) For OSS treating sewage from a residential source,
other than one single-family residence, two hundred fifty
gallons per bedroom with a minimum of one thousand gallons;

(c) For OSS treating sewage from a nonresidential source,
three times the design flow.

[]

NEW SECTIONWAC 246-272A-0234
Design requirements -- Soil dispersal
components.
(1) All soil dispersal components, except one
using a subsurface dripline product, shall be designed to meet
the following requirements:

(a) Maximum hydraulic loading rates shall be based on the
rates described in Table VIII;

TABLE VIII Maximum Hydraulic Loading Rate

Soil
Type

Soil Textural
Classification Description

Loading Rate for
Residential
Effluent Using
Gravity or
Pressure
Distribution

(ii) Loading rates equal to or less than those in Table
VIII applied to the infiltrative surface of the soil dispersal
component or the finest textured soil within the vertical
separation selected by the designer, whichever has the finest
texture.

(c) Requirements for the method of distribution shall
correspond to those in Table VI.

(d) Soil dispersal components having daily design flow
between one thousand and three thousand five hundred gallons
of sewage per day shall:

(i) Only be located in soil types 1-5;

(ii) Only be located on slopes of less than thirty
percent, or seventeen degrees; and

(iii) Have pressure distribution including time dosing.

(2) All soil dispersal components using a subsurface
dripline product must be designed to meet the following
requirements:

(ii) Loading rates that are dependent on the soil type,
other soil and site characteristics, and the spacing of
dripline and emitters;

(b) The dripline must be installed a minimum of six
inches into original, undisturbed soil;

(c) Timed dosing; and

(d) Soil dispersal components having daily design flows
greater than one thousand gallons of sewage per day may:

(i) Only be located in soil types 1-5;

(ii) Only be located on slopes of less than thirty
percent, or seventeen degrees.

(3) All SSAS shall meet the following requirements:

(a) The infiltrative surface may not be deeper than three
feet below the finished grade, except under special conditions
approved by the local health officer. The depth of such
system shall not exceed ten feet from the finished grade;

(b) A minimum of six inches of sidewall must be located
in original undisturbed soil;

(c) Beds are only designed in soil types 1, 2, 3 or in
fine sands with a width not exceeding ten feet;

(d) Individual laterals greater than one hundred feet in
length must use pressure distribution;

(e) A layer of between six and twenty-four inches of
cover material; and

(f) Other features shall conform with the "On-site
Wastewater Treatment Systems Manual," United States
Environmental Protection Agency EPA-625/R-00/008 February 2002
(available upon request to the department) except where
modified by, or in conflict with this section or local
regulations.

(4) For SSAS with drainrock and distribution pipe:

(a) A minimum of two inches of drainrock is required
above the distribution pipe;

(b) The sidewall below the invert of the distribution
pipe is located in original undisturbed soil.

(5) The local health officer may allow the infiltrative
surface area in a SSAS to include six inches of the SSAS
sidewall height when meeting the required absorption area
where total recharge by annual precipitation and irrigation is
less than twelve inches per year.

(6) The local health officer may permit systems
consisting solely of a septic tank and a gravity SSAS in soil
type 1 if all the following criteria are met:

(a) The system serves a single-family residence;

(b) The lot size is greater than two and one-half acres;

(c) Annual precipitation in the region is less than
twenty-five inches per year as described by "Washington
Climate" published jointly by the Cooperative Extension
Service, College of Agriculture, and Washington State
University (available for inspection at Washington state
libraries);

(d) The system is located outside the twelve counties
bordering Puget Sound; and

(e) The geologic conditions beneath the dispersal
component must satisfy the minimum unsaturated depth
requirements to ground water as determined by the local health
officer. The method for determination is described by "Design
Guideline for Gravity Systems in Soil Type 1" (available upon
request to the department).

(7) The local health officer may increase the loading
rate in Table VIII up to a factor of two for soil types 1-4
and up to a factor of 1.5 for soil types 5 and 6 if a product
tested to meet treatment level D is used. This reduction may
not be combined with any other SSAS size reductions.

(8)(a) The primary and reserve areas must be sized to at
least one hundred percent of the loading rates listed in Table
VIII.

(b) However, the local health officer may allow a legal
lot of record created prior to the effective date of this
chapter that cannot meet this primary and reserve area
requirement to be developed if all the following conditions
are met:

(i) The lot cannot meet the minimum primary and reserve
area requirements due to the loading rates for medium sand,
fine sand and very fine sand listed in Table VIII of this
chapter;

(ii) The primary and reserve areas are sufficient to
allow installation of a SSAS using maximum loading rates of
1.0 gallons/square foot per day for medium sand, 0.8
gallons/square foot/day for fine sand, and 0.6 gallons/square
foot/day for very fine sand; and

NEW SECTIONWAC 246-272A-0238
Design requirements -- Facilitate
operation, monitoring and maintenance.
(1) The OSS must be
designed to facilitate operation, monitoring and maintenance
according to the following criteria:

(a) For gravity systems, septic tank access for
maintenance and inspection at finished grade is required. If
effluent filters are used, access to the filter at finished
grade is required. The local health officer may allow access
for maintenance and inspection of a system consisting of a
septic tank and gravity flow SSAS to be a maximum of six
inches below finished grade provided a marker showing the
location of the tank access is installed at finished grade.

(b) For all other systems, service access and monitoring
ports at finished grade are required for all system
components. Specific component requirements include:

(i) Septic tanks must have service access manholes and
monitoring ports for the inlet and outlet. If effluent
filters are used, access to the filter at finished grade is
required;

(ii) Surge, flow equalization or other sewage tanks must
have service access manholes;

(iii) Other pretreatment units (such as aerobic treatment
units and packed-bed filters) must have service access
manholes and monitoring ports;

(iv) Pump chambers, tanks and vaults must have service
access manholes;

(v) Disinfection units must have service access and be
installed to facilitate complete maintenance and cleaning; and

(vi) Soil dispersal components shall have monitoring
ports for both distribution devices and the infiltrative
surface.

(ii) Diagnostic tools including dose cycle counters and
hour meters on the sewage stream, or flow meters on either the
water supply or sewage stream; and

(iii) Audible and visual alarms designed to alert a
resident of a malfunction. The alarm must be placed on a
circuit independent of the pump circuit.

(2) All accesses must be designed to allow for monitoring
and maintenance and shall be secured to minimize injury or
unauthorized access in a manner approved by the local health
officer.

[]

NEW SECTIONWAC 246-272A-0240
Holding tank sewage systems.
(1) A
person may not install or use holding tank sewage systems for
residential development or expansion of residences, whether
seasonal or year-round, except as set forth under subsection
(2) of this section.

(e) Be on the site at all times during the excavation and
construction of the OSS;

(f) Install the OSS to be watertight, except for the soil
dispersal component;

(g) Cover the installation only after the local health
officer has given approval to cover; and

(h) Back fill with six to twenty-four inches of cover
material and grade the site to prevent surface water from
accumulating over any component of the OSS.

[]

NEW SECTIONWAC 246-272A-0260
Inspection.
(1) For all activities
requiring a permit, the local health officer shall:

(a) Visit the OSS site during the site evaluation,
construction, or final construction inspection;

(b) Either inspect the OSS before cover or allow the
designer of the OSS to perform the inspection before cover if
the designer is not also named as installer of the system.

(c) Keep the record drawings on file, with the approved
design documents.

(2) The person responsible for the final construction
inspection shall assure the OSS meets the approved design.

[]

NEW SECTIONWAC 246-272A-0265
Record drawings.
Upon completion of
the new construction, alteration or repair of the OSS, a
complete and detailed record drawing shall be submitted to
both the health officer and the OSS owner that includes at a
minimum the following:

(1) Measurements and directions accurate to +/- 1/2 foot,
unless otherwise determined by the local health officer, to
assure the following parts of the OSS can be easily located:

(a) All sewage tank openings requiring access;

(b) The ends, and all changes in direction, of installed
and found buried pipes and electrical cables that are part of
the OSS; and

(c) Any other OSS component which, in the judgment of the
health officer or the designer, must be accessed for
observation, maintenance, or operation;

(2) Location and dimensions of reserve area;

(3) Record that materials and equipment meet the
specifications contained in the design;

(4) Initial settings of electrical or mechanical devices
that must be known to operate the system in the manner
intended by the designer or installer; and

NEW SECTIONWAC 246-272A-0270
Operation, monitoring, and
maintenance -- Owner responsibilities.
(1) The OSS owner is
responsible for operating, monitoring, and maintaining the OSS
to minimize the risk of failure, and to accomplish this
purpose, shall:

(a) Obtain approval from the local health officer before
repairing, altering or expanding an OSS;

(b) Secure and renew contracts for periodic maintenance
where required by the local health jurisdiction;

(c) Obtain and renew operation permits if required by the
local health jurisdiction;

(d) Assure a complete evaluation of the system components
and/or property to determine functionality, maintenance needs
and compliance with regulations and any permits:

(i) At least once every three years for all systems
consisting solely of a septic tank and gravity SSAS;

(ii) Annually for all other systems unless more frequent
inspections are specified by the local health officer;

(e) Employ an approved pumper to remove the septage from
the tank when the level of solids and scum indicates that
removal is necessary;

(f) Provide maintenance and needed repairs to promptly
return the system to a proper operating condition;

(g) Protect the OSS area and the reserve area from:

(i) Cover by structures or impervious material;

(ii) Surface drainage, and direct drains, such as footing
or roof drains. The drainage must be directed away from the
area where the OSS is located;

(iii) Soil compaction, for example by vehicular traffic
or livestock; and

(iv) Damage by soil removal and grade alteration;

(h) Keep the flow of sewage to the OSS at or below the
approved operating capacity and sewage quality;

(i) Operate and maintain systems as directed by the local
health officer;

(j) Request assistance from the local health officer upon
occurrence of a system failure or suspected system failure;
and

(k) At the time of property transfer, provide to the
buyer, maintenance records, if available, in addition to the
completed seller disclosure statement in accordance with
chapter 64.06 RCW for residential real property transfers.

(2) Persons shall not:

(a) Use or introduce strong bases, acids or chlorinated
organic solvents into an OSS for the purpose of system
cleaning;

(b) Use a sewage system additive unless it is
specifically approved by the department; or

(c) Use an OSS to dispose of waste components atypical of
sewage from a residential source.

[]

NEW SECTIONWAC 246-272A-0275
Operation, monitoring, and
maintenance -- Food service establishments.
The local health
officer shall require annual inspections of OSS serving food
service establishments and may require pumping as needed.

[]

NEW SECTIONWAC 246-272A-0280
Repair of failures.
(1) When an OSS
failure occurs, the OSS owner shall:

(a) Repair or replace the OSS with a conforming system or
component, or a system meeting the requirements of Table IX
either on the:

(i) Property served; or

(ii) Nearby or adjacent property if easements are
obtained; or

(b) Connect the residence or facility to a:

(i) Publicly owned LOSS;

(ii) Privately owned LOSS where it is deemed economically
feasible; or

(iii) Public sewer; or

(c) Perform one of the following when requirements in (a)
and (b) of this subsection are not feasible:

(i) Use a holding tank; or

(ii) Obtain a National Pollution Discharge Elimination
System or state discharge permit from the Washington state
department of ecology issued to a public entity or jointly to
a public entity and the system owner only when the local
health officer determines:

(A) An OSS is not feasible; and

(B) The only realistic method of final dispersal of
treated effluent is discharge to the surface of the land or
into surface water; or

(3) The local health officer shall permit a system that
meets the requirements of Table IX only if the following are
not feasible:

(a) Installation of a conforming system or component; and

(b) Connection to either an approved LOSS or a public
sewer.

(4) The person responsible for the design shall locate
and design repairs to:

(a) Meet the requirements of Table IX if the effluent
treatment and soil dispersal component to be repaired or
replaced is closer to any surface water, well, or spring than
prescribed by the minimum separation required in Table IV of
WAC 246-272A-0210(1). Pressure distribution with timed
dosing in the soil dispersal component is required in all
cases where a conforming system is not feasible.

1The treatment component performance levels correspond with those established for treatment components under the
product performance testing requirements in Table III of WAC 246-272A-0110.

2 The horizontal separation indicated in Table IX is the distance between the soil dispersal component and the surface
water, well, or spring. If the soil dispersal component is up-gradient of a surface water, well, or spring to be used as a
potable water source, or beach where shellfish are harvested, the next higher treatment level shall apply unless treatment
level A is already required.

3On a site where there is a horizontal setback of 75 - 100 feet between an OSS dispersal component and an individual water
well, individual spring, nonmarine surface water or surface water that is not a public water source and a vertical separation of
greater than twelve inches, a conforming system that complies with WAC 246-272A-0210(4) shall be installed if feasible.

(b) Protect drinking water sources and shellfish
harvesting areas;

(c) Minimize nitrogen discharge in areas where nitrogen
has been identified as a contaminant of concern in the local
plan under WAC 246-272A-0015;

(d) Prevent the direct discharge of sewage to ground
water, surface water, or upon the surface of the ground;

(e) Meet the horizontal separations under WAC 246-272A-0210(1) to public drinking water sources;

(f) Meet other requirements of this chapter to the
maximum extent permitted by the site; and

(g) Maximize the:

(i) Vertical separation;

(ii) Distance from a well, spring, or suction line; and

(iii) Distance to surface water.

(5) Prior to designing the repair system, the designer
shall consider the contributing factors of the failure to
enable the repair to address identified causes.

(6) If the vertical separation is less than twelve
inches, the local health officer may permit ASTM C-33 sand or
coarser to be used as fill to prevent direct discharge of
treated effluent to ground water, surface water, or upon the
surface of the ground.

(7) For a repair using the requirements of Table IX,
disinfection may not be used to achieve the fecal coliform
requirements to meet:

(a) Treatment levels A or B where there is less than
eighteen inches of vertical separation;

(b) Treatment levels A or B in type 1 soils; or

(c) Treatment level C.

(8) The local health officer shall identify repair
permits meeting the requirements of Table IX for the purpose
of tracking future performance.

(9) An OSS owner receiving a repair permit for a system
meeting the requirements of Table IX from the local health
officer shall:

(a) Immediately report any failure to the local health
officer;

(b) Comply with all local and state requirements
stipulated on the permit.

[]

NEW SECTIONWAC 246-272A-0290
Expansions.
(1) The local health
officer shall require an OSS and a reserve area in full
compliance with the new system construction standards
specified in this chapter for an expansion of a residence or
other facility.

(2) A local health officer may allow expansion of an
existing on-site sewage system adjacent to a marine shoreline
that does not meet the minimum horizontal separation between
the soil dispersal component and the ordinary high-water mark
required by WAC 246-272A-0210, Table IV, provided that:

NEW SECTIONWAC 246-272A-0310
Septage management.
(1) The local
health officer shall approve an individual before they may
remove septage from an OSS.

(2) Persons removing septage from an OSS shall:

(a) Transport septage or sewage only in vehicles clearly
identified with the name of the business and approved by the
local health officer;

(b) Record and report septage removal as required by the
local health officer; and

(c) Dispose of septage, or apply septage biosolids to
land only in a manner consistent with applicable laws.

[]

NEW SECTIONWAC 246-272A-0320
Developments, subdivisions, and
minimum land area requirements.
(1) A person proposing a
subdivision where the use of OSS is planned shall obtain a
recommendation for approval from the local health officer as
required by RCW 58.17.150.

(2) The local health officer shall require the following
prior to approving any development:

(a) Site evaluations as required under WAC 246-272A-0220,
excluding subsections (3)(a)(i) and (4)(d);

(b) Where a subdivision with individual wells is
proposed:

(i) Configuration of each lot to allow a one hundred-foot
radius water supply protection zone to fit within the lot
lines; or

(ii) Establishment of a one hundred-foot protection zone
around each existing and proposed well site;

(c) Where preliminary approval of a subdivision is
requested, provision of at least one soil log per proposed
lot, unless the local health officer determines existing soils
information allows fewer soil logs;

(d) Determination of the minimum lot size or minimum land
area required for the development using Method I and/or Method
II:

METHOD I. Table X, Single-Family Residence Minimum Lot
Size or Minimum Land Area Required Per Unit Volume of Sewage,
shows the minimum lot size required per single-family
residence. For developments other than single-family
residences, the minimum land areas shown are required for each
unit volume of sewage. However, the local health officer may
require larger lot sizes where the local health officer has
identified nitrogen as a concern either through planning
activities described in WAC 246-272A-0015 or another process.

TABLE X Minimum Land Area Requirement Single-Family Residence or Unit Volume of Sewage

(B) No more than 3.5 unit volumes of sewage per day per
acre for developments other than single-family residences; and

(iii) Shows development with individual water supplies
having at least one acre per unit volume of sewage; and

(iv) Shows land area under surface water is not included
in the minimum land area calculation; and

(e) Regardless of which method is used for determining
required minimum lot sizes or minimum land area, submittal to
the health officer of information consisting of field data,
plans, and reports supporting a conclusion the land area
provided is sufficient to:

(iv) Minimize public health effects from the accumulation
of contaminants in surface and ground water.

(3) The department shall develop guidelines for the
application of Method II by (insert date one year from the
effective date).

(4) The local health officer shall require lot areas of
twelve thousand five hundred square feet or larger except when
a person proposes:

(a) OSS within the boundaries of a recognized sewer
utility having a finalized assessment roll; or

(b) A planned unit development with:

(i) A signed, notarized, and recorded deed covenant
restricting any development of lots or parcels above the
approved density with the overall density meeting the minimum
land area requirements of subsection (2)(d) of this section;

(ii) A public entity responsible for operation and
maintenance of the OSS, or a single individual owning the OSS;

(iii) Management requirements under chapter 246-272B WAC
when installing a LOSS; and

(iv) Extinguishment of the deed covenant and higher
density development allowed only when the development connects
to public sewers.

(5) The local health officer may:

(a) Allow inclusion of the area to the centerline of a
road or street right of way in a Method II determination under
subsection (2)(d) of this section to be included in the
minimum land area calculation if:

(i) The dedicated road or street right of ways are along
the perimeter of the development;

(ii) The road or street right of ways are dedicated as
part of the proposed development; and

(iii) Lots are at least twelve thousand five hundred
square feet in size.

(c) Require larger land areas or lot sizes to achieve
public health protection;

(d) Prohibit development on individual lots within the
boundaries of an approved subdivision if the proposed OSS
design does not protect public health by meeting requirements
of these regulations; and

(e) Permit the installation of an OSS, where the minimum
land area requirements or lot sizes cannot be met, only when
all of the following criteria are met:

(i) The lot is registered as a legal lot of record
created prior to the effective date of this chapter;

(ii) The lot is outside an area identified by the local
plan developed under WAC 246-272A-0015 where minimum land area
has been listed as a design parameter necessary for public
health protection; and

(iii) The proposed system meets all requirements of these
regulations other than minimum land area.

(6) The use of a reduced-sized SSAS does not provide for
a reduction in the minimum land area requirements established
in this section. Site development incorporating reduced-sized
SSAS must meet the minimum land area requirements established
in state and local codes.

[]

NEW SECTIONWAC 246-272A-0340
Certification of installers, pumpers,
and maintenance service providers.
(1) OSS installers and
pumpers must obtain approval from the local health officer
prior to providing services within a local health
jurisdiction.

(2) Local health officer may establish programs and
requirements for approving maintenance service providers.

(b) Select members from agencies, professions,
organizations having knowledge and interest in OSS, and groups
which are affected by the regulations; and

(c) Convene meetings as needed.

(2) The department may have a representative on the
policy advisory committee.

[]

NEW SECTIONWAC 246-272A-0420
Waiver of state regulations.
(1) The
local health officer may grant a waiver from specific
requirements of this chapter if:

(a) The waiver request is evaluated by the local health
officer on an individual, site-by-site basis;

(b) The local health officer determines that the waiver
is consistent with the standards in, and the intent of, these
rules;

(c) The local health officer submits quarterly reports to
the department regarding any waivers approved or denied; and

(d) Based on review of the quarterly reports, if the
department finds that the waivers previously granted have not
been consistent with the standards in, and the intent of these
rules, the department shall provide technical assistance to
the local health officer to correct the inconsistency, and may
notify the local and state boards of health of the
department's concerns. If upon further review of the
quarterly reports, the department finds that the inconsistency
between the waivers granted and the state board of health
standards has not been corrected, the department may suspend
the authority of the local health officer to grant waivers
under this section until such inconsistencies have been
corrected.

(2) The department shall develop guidance to assist local
health officers in the application of waivers.

[]

NEW SECTIONWAC 246-272A-0425
Required rule review.
The department
shall review this chapter to evaluate the effectiveness of the
rules and determine areas where revisions may be necessary.
The department will provide the results of their review along
with their recommendations to the state board of health and
all local health officers by (insert a date four years after
the effective date of the rules) and every four years
thereafter.

[]

NEW SECTIONWAC 246-272A-0430
Enforcement.
(1) The department or
the local health officer:

(b) May refer cases within their jurisdiction to the
local prosecutor's office or office of the attorney general,
as appropriate.

(2) When a person violates the provisions under this
chapter, the department, local health officer, local
prosecutor's office, or office of the attorney general may
initiate enforcement or disciplinary actions, or any other
legal proceeding authorized by law including, but not limited
to, any one or a combination of the following:

(a) Informal administrative conferences, convened at the
request of the department or owner, to explore facts and
resolve problems;

(b) Orders directed to the owner and/or operator of the
OSS and/or person causing or responsible for the violation of
the rules of chapter 246-272A WAC;

(a) Orders requiring corrective measures necessary to
effect compliance with chapter 246-272A WAC which may include
a compliance schedule; and

(b) Orders to stop work and/or refrain from using any OSS
or portion of the OSS or improvements to the OSS until all
permits, certifications, and approvals required by rule or
statute are obtained.

(4) Enforcement orders issued under this section shall:

(a) Be in writing;

(b) Name the person or persons to whom the order is
directed;

(c) Briefly describe each action or inaction constituting
a violation of the rules of chapter 246-272A WAC, or
applicable local code;

(d) Specify any required corrective action, if
applicable;

(e) Specify the effective date of the order, with time or
times of compliance;

(f) Provide notice of the consequences of failure to
comply or repeated violation, as appropriate. Such notices
may include a statement that continued or repeated violation
may subject the violator to:

(i) Denial, suspension, or revocation of a permit
approval, or certification;

(ii) Referral to the office of the county prosecutor or
attorney general; and/or

(iii) Other appropriate remedies.

(g) Provide the name, business address, and phone number
of an appropriate staff person who may be contacted regarding
an order.

(5) Enforcement orders shall be personally served in the
manner of service of a summons in a civil action or in a
manner showing proof of receipt.

(6) The department shall have cause to deny the
application or reapplication for an operational permit or to
revoke, suspend, or modify a required operational permit of
any person who has:

(a) Failed or refused to comply with the provisions of
chapter 246-272A WAC, or any other statutory provision or rule
regulating the operation of an OSS; or

(b) Obtained or attempted to obtain a permit or any other
required certificate or approval by misrepresentation.

(7) For the purposes of subsection (6) of this section
and WAC 246-272A-0440, a person is defined to include:

(a) Applicant;

(b) Reapplicant;

(c) Permit holder; or

(d) Any individual associated with (a), (b) or (c) of
this subsection including, but not limited to:

(i) Board members;

(ii) Officers;

(iii) Managers;

(iv) Partners;

(v) Association members;

(vi) Agents; and

(vii) Third persons acting with the knowledge of such
persons.

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NEW SECTIONWAC 246-272A-0440
Notice of decision -- Adjudicative
proceeding.
(1) All local boards of health shall:

(a) Maintain an administrative appeals process to
consider procedural and technical conflicts arising from the
administration of local regulations; and

NEW SECTIONWAC 246-272A-0450
Severability.
If any provision of
this chapter or its application to any person or circumstances
is held invalid, the remainder of this chapter, or the
application of the provision to other persons or circumstances
shall not be affected.

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NEW SECTIONWAC 246-272A-990
Fees.
Fees will be set by DOH in a
separate rule making. We will ask to recodify this section so
that it will be in the new chapter until the new fees can be
established.